
Book 



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M! 



i 



THE MEMOIRS 



OF 



THE LIYES AND ACTIONS 



OF 



JAMES AND WILLIAM 

DUKES OF HAMILTON AND CASTLE-HERALD. 
BY 

GILBERT BURNET, 

LATE LORD BISHOP OF SALISBURY. 



OXFORD: 
AT THE UNIVERSITY PRESS 

M.DCCC.LII. 




'JO 3 

./vis? 



TO THE KING. 



May it please your sacred Majesty, 

1 HE following history being a relation of your royal 
father's unsels and affairs in Scotland, I hope for an 

sy pardon of my presumption in offering it to your 
majesty. Your concern in a work that relates so much 
to the king, your blessed father, moved you to look on 
|t, and read some parts of it ; and after you had ho- 
loured it with a character too advantageous for me to 
±epeat, you were graciously pleased to allow me your 
royal license, not only to publish it, but to address it 
to yourself: and therefore I hope your majesty will 
favourably accept this tribute of my duty, which with 
an humble devotion I lay down at your feet. 

My zeal for your majesty's honour and service en- 
gaged me first in this work, and the same passion 
which I derived from my education, and still governs 
my heart and life, makes me now publish it. For 
nothing does more clear the prospect of what is before 
us, than a strict review of what is past, which I have 
laboured to make with all possible fidelity and dili- 
gence. I know I shall not escape censures, since few 
can bear a true and free history; but as I have set 
down nothing for which I have not authentic vouchers, 
so I have observed your majesty's "acts of oblivion and 
indemnity" as much as could consist with the laws of 
history, and have avoided the naming of persons upon 
ingrateful occasions. But no precaution can secure 
one from severe challenges that writes so near those 

a2 



iv EPISTLE DEDICATORY. 

times, while many persons concerned are yet alive : 
yet, if your majesty continues to honour these Memoirs 
with your royal approbation, I shall easily bear them. 

Sir, you have here a true account of the services 
and sufferings of two of your subjects, who dedicated 
themselves to your majesty's interests, and became 
sacrifices for them. The elder of these brothers had 
not the honour of being known to your majesty, yet he 
lost his life in your reign. The younger survived as long 
as he could serve your majesty : but when he saw his 
life like to be unprofitable to your service, it became 
uneasy to himself, which made him so prodigal of it in 
your own sight. And your majesty does his memory 
the honour of remembering him still with the highest 
expressions of esteem and acknowledgment which a 
king can bestow on a subject. 

They had that unblemished loyalty conveyed to them 
from their ancestors as the entail of their family, which 
has always paid an uninterrupted fidelity to the crown, 
and they have transmitted it as an inheritance to those 
who have succeeded them, who have already given 
great demonstrations of most sincere and loyal duty to 
your majesty. 

That God of his infinite mercy may preserve your 
majesty, and bless you with wise counsels, obedient 
subjects, and prosperous undertakings, and after a long 
and happy reign on earth may crown you with an in- 
corruptible crown of glory, is the daily devotion of, 

May it please your sacred majesty, 
Your majesty's most faithful, 

most humble, and most loyal 
T , subject and servant, 

London, ° 

21st of October, 1673. GILBERT BURNET. 



PREEACE. 



.HISTORIES are of all books the most universally read : the 
wiser find matter of great speculation in them, and improve 
their knowledge by the experience these give them; and 
weaker persons make them their diversion, and entertain dis- 
course with them. But most writers of history have been 
men that lived out of business, who took many things upon 
trust, and have committed many and palpable errors in mat- 
ters of fact, and either give no account at all of the secret 
causes and counsels of the greatest transactions, or when 
they do venture upon it, it is all romance, and the effect of 
their imagination or interest. 

And indeed the authors of all the histories that were writ- 
ten for near a thousand years together, being for the most 
part monks, there is no great reason to think they were either 
well informed or ingenuous in what they delivered to poste- 
rity, though there is perhaps no nation that is more beholding 
to their labours than England is. 

Of all men those who have been themselves engaged in 
affairs are the fittest to write history, as knowing best how 
matters were designed and carried on, and being best able to 
judge what things are of that importance to be made public, 
and what were better suppressed. A nd therefore Csesar's | 
Commentaries are the most authentic and most generally 
valued pieces of history ; and in the next form to these Philip 
<fe Comines, Guicciardine, Sleidan, Thuanus , and Davila, ar e 
the best received and most read histories (only the last hath 
failed in some particulars) ; for these men wrote of things in 
which they were considerable actors, and had great interest 
and good information. Next to these, those that have had 
the perusal of the cabinets of great ministers, and of public 



vi PREFACE. 

records, are the best qualified for giving the world a true 
information of affairs. This makes the most celebrated his- 
tory of the Council of Trent be received over all the world as 
a pattern of history. Strada and Grotius are also highly 
valued upon the same account. 

But it has been commonly found that historians, being 
generally of a party, and having ends to serve, or being 
under the curb of procuring licenses, have accommodated 
their relation to the taste of those they intended to flatter, 
and so have corrupted the truth with the concealment of 
many things fit to be known, and, to make amends for that, 
have added as many sophisticating colours, to make the best 
things look ill, and to give some fair appearances to the worst 
things. And this has generally detracted so much from the 
value of history, that most people begin to neglect such books, 
for they do not believe that they write truth. And it is no 
wonder many are full of such prejudices at ancienter histories, 
for they reckon that men in all ages were pretty near the 
same temper they find them to be of at this day, and there 
is such foul dealing in the histories of our own time, and 
things that are so eminently false are positively asserted, 
that from thence many conclude all other writings of that 
nature are likewise to be suspected : only forgery and impu- 
dence has not now so much art to conceal or disguise it with 
as it had in former ages, since most of our late histories are 
written either in the style and strain of panegyrics or satires ; 
which of all things an historian that would be believed ought 
to avoid 1210*81 carefully ; for naturally all people are apt to 
suspect interest or malice when they find much flattery or 
passion in a history. 

Too much art does but disgrace it ; for though father Paul 
has written his history of the Council of Trent in as flat and 
plain a style as was possible, and cardinal Pallavicini has 
adorned his with all the beauty of art and wit, yet there 
appears somewhat so native in the one, and so laboured in 
the other, that it does much prepossess the reader with an in- 
clination to believe the one and disbelieve the other. 

A short and concise style, though it succeeded wonderfully 
with Tacitus, and not ill with Grotius, yet by the common 
verdict of all men is judged not so proper for a history, which 



PREFACE. vii 

should open up things fully, so as to be easily understood by 
every reader. 

These common failings of historians have in this last age 
made people desire to see papers, records, and letters pub- 
lished at their full length. Livy begun the making of speeches 
in councils, and at the heads of armies, for statesmen and 
generals, and was much followed till within this age, that 
these things became universally distasteful; and instead of 
that which was but the issue of the writer's brain, the world 
desires nothing so much as to see the truth of things as they 
were really designed and acted, rather from some original 
papers, than from the collections or extracts of persons of 
"w^fose^ftdietity "or judgment they are hot well assured. 

Of^fr-trations in the world the French have delighted most 
in these writings, so that the memoirs written in that nation 
and language since the days of Henry the Third would almost 
make up a library : and every year we get over new memoirs 
of some one great person or another. And though there are 
great indiscretions committed in publishing many secrets and 
papers not fit for public view, yet this way of writing takes 
now more in the world than any sort of history ever did. 
There is but one in this island that hath hitherto written in 
that method, and his collections are so well received that it 
gives great encouragement to any who will follow him in it. 

And indeed it is a much easier thing to write in this way 
than any other, for when a man undertakes a history, he 
ought to be well informed of all that passed on both sides, 
and is obliged to publish everything that is of importance 
for opening up the secretest causes and beginnings of great 
changes or revolutions ; this being the chief instruction that 
men receive from history, by which they are most enabled 
to provide against and prevent mischief for the future. But 
he that writes memoirs from a collection of papers that are 
in his hands has no such ties on him, being only obliged to 
give a faithful account of such things as are in his papers ; 
and where these fail, he is at no loss, but may well pass over 
such particulars as occur not to him. 

For the lives of great persons, though it might have been 
expected that after the many excellent patterns Plutarch had 
left the world, those should have been generally well written, 



viii PREFACE. 

yet there is no sort of history worse done, they being so full 
of gross partiality and flattery, and often swelled with trifling 
and impertinent things, so that it is no great wonder if this 
kind of writing be much decried and neglected. 

I had all these considerations before me when I designed 
and drew this work, and therefore will be more guilty if I 
transgress the laws of writing history without partiality and 
passion. 

The late civil wars of this island deserve a good and full 
history, as much as any transaction in any part of the world. 
For it was a strange and unheard-of thing to see a prince 
whose title was unquestioned, and who had great virtues and 
eminent piety, and was of the same religion with his subjects, 
and had never put any of them unjustly to death, so oppressed 
by a prevalent faction; and that a party which was not 
headed by any new pretender, nor under the united authority 
of any one person, but on the contrary was divided from 
the very beginning into two great factions, should become 
so successful, as to defeat him in the field, take all his gar- 
risons, imprison his person, and in end put him to death 
openly, with a form and show of justice, many thousands 
of his lamenting subjects looking on ; and that all this was 
done near so great and populous a city, which did universally 
pity his condition and abhor the crime, and yet not so much 
as one person made a tumult to oppose it. 

The rise and progress of such a war is a thing which every 
one desires to be particularly informed about ; for though 
many have published relations of those times on both sides, 
yet there is scarce any body satisfied either with the truth of 
matters of fact, or with their way of writing. But the first 
beginning and rise of the civil wars having been in Scotland, 
from whence they moved southwards, there can be no clear 
understanding of what followed until these first disorders be 
truly stated. 

This made me oft wish that some moderate pen were em- 
ployed in giving a just and true relation of the reign of the 
late king. I was myself pretty early acquainted with a great 
deal more of the truth of these affairs than is generally 
known, having had the blessing of my father's conversation 
for many years, who had been a very exact observer of all 



PREFACE. ix 

that passed. He was also much importuned by men of all 
sides to write the history of those distempered times, being 
esteemed a person of great moderation and candour ; who, as 
he had his breeding in the law, so lived in great friendship 
with the most eminent persons of both persuasions : for be- 
fore the troubles began he was accounted a malecontent, but he 
did afterwards give such signal demonstrations of his loyalty, 
that he was put from his employment, and made to take a vo- 
luntary exile on him, which was granted him as a great favour 
by the covenanters, who generally had much kindness for him, 
for all his being so contrary to their way. And Warriston, 
his brother-in-law, in whose hands were all the original papers 
of the covenanters' side, offered them to him for his assist- 
ance, if he would undertake it ; but he was overgrown with 
age and infirmities, and so could not set about so difficult a 
work. But I received from him such informations as made me 
look on most of the writers of those times with indignation, 
who were either utterly ignorant, or so basely partial that 
matters of fact are falsely represented, and the whole counsels 
and secret contrivances either quite passed over, or so palli- 
ated that there is very little truth in the relations they have 
made. 

And particularly, I wondered to find James duke of Hamil- 
ton represented to the world with such foul and base charac- 
ters, as if he had been a monster both for ingratitude and 
treachery, though he had laid down his life for the king and 
involved his estate in vast debts for his service. It seemed to 
me the greatest injustice in the world, that one who served his 
prince and his country so long and so faithfully, and sealed all 
with his blood, should not only be deprived of the honour due 
to his memory, but that a company of ignorant and impudent 
slanderers should do what they could to attaint his blood and 
family, by the black imputations they have cast on him, and 
that this should pass current without any vindication. 

This made me resolve, if ever I could meet with such in- 
structions as might direct me well to write an account of the 
late troubles, and in particular to give a true and clear rela- 
tion of that duke's concerns, to set about it. I knew well the 
temper of those who were most severe in their censures on 
him, to be a violent and hotheaded sort of people, who were 



x PREFACE. 

for nothing but fire and sword, and yet knew not how to do 
much more than to drink and swagger ; and therefore, as 
I was naturally inclined to disregard their blusterings, so I 
was apt to think his counsels must have been moderate for 
tempering the eagerness of other men's passions, which did 
enrage them so much against him ; so that they having dis- 
persed many false stories of him, these were easily received by 
our scribbling historians, and have been made use of to poison 
the truth of the history. 

It is such a natural and constant effect of passion to carry 
men to extremes, that it is no wonder if those who had more 
temper and foresight, and studied to heal the breaches, and 
followed more moderate counsels, were hated on both sides ; 
for in all times the moderate party is the weakest, and has 
most obloquy cast on it from all hands. 

I also thought that I could not do a greater service to my 
country than to inquire into the whole course of the late civil 
wars. And I knew there were none so eminently employed 
as the two dukes of Hamilton, the one having been the king's 
high commissioner in the beginning of them, and the other 
the secretary of state in the sequel of them : therefore it was 
certain, that if their papers had not been destroyed in the 
common fate of Scotland, I could not find a clearer thread to 
direct me than from them. 

I shall not deny that I had many preengagements on me 
to have a high value of that family, both from the great worth 
of those who now represent it, and from the unblemished 
fidelity their ancestors have always paid the crown, and their 
constant affection to their country ; so that since the first 
greatness of it in king James the Third his days, who gave his 
sister in marriage to the lord Hamilton, they were never in 
any rebellion against their king, nor did they ever abuse their 
prince's favour to be a grievance to their country. 

And though they stood next the crown for fifty years toge- 
ther, from the year 1543, that king James the Fifth died, till 
the year 1593, that prince Henry was born, during all which 
time there was none but queen Mary and king James of the 
royal blood : yet all that while their deportment shewed that 
they had no other design but to serve those princes with all 
possible fidelity and zeal. And though Scotland was then much 



PREFACE. xi 

distracted with intestine broils and disorders, yet they never 
set themselves at the head of any faction, nor departed from 
the interests of the crown. 

When king James the Fifth died, he left his only daughter, 
queen Mary,but a few days old, and the government of Scotland 
fell by right to the earl of Arran, being her nearest kinsman ; 
and if such an ambition, as the enemies of that family have pre- 
tended was hereditary to it, had been lodged in him, he would 
never have let such an opportunity of raising himself slip out 
of his hands. But he was a person of great justice and can- 
dour, and set nothing before his eyes but the public good : so 
that archbishop Spotswood tells of him in his history, " that 
in his court there was nothing seen that the severest eye 
could censure or reprove. In the public government such 
a moderation was kept, as no man was heard to complain : 
the governor was reverently obeyed, and held in as great 
respect as any king of preceding times." It is true, he was 
of too easy a nature, and his base brother, who was after- 
wards archbishop of St. Andrew's, had great power over him, 
which did much prejudice his reputation. 

In the disposing of the queen in marriage, he had much to 
have said for himself if he had married her to his own son, 
who was but a few years older than the queen : but he shewed 
he designed her greatness more than his own, and perhaps 
more than the true interest of his country, for I am far from 
thinking that he carried himself wisely in that, when he con- 
sented to send her to the dolphin of France, afterwards Francis 
the Second : in acknowledgment of which he w T as made duke 
of Castle-herald (or, as it is pronounced by the French, Chastle- 
herault) by the French king. 

After the death of Francis the Second, when queen Mary 
returned into Scotland, the duke of Castle-herald had again 
great advantages, if any such desire of power had governed 
him : for the reformation had then prevailed in Scotland, and 
he and all his family, except his youngest son, lord Claud, 
(from whom descended the earls of Abercorn,) were pro- 
testants ; so that to have put himself at the head of that was 
the likeliest way to have advanced his own designs : but it 
appeared that he and his sons embraced the religion, not for 
faction, but out of conscience, for he continued true and faithful 



xii PREFACE. 

to the queen to the last ; of which she was so sensible, that 
(beside many public testimonies of her confidence in them, 
such as the naming the duke of Castle-herald her adopted 
father, and calling him still by that name, and the referring 
her whole concerns, when she was a prisoner in England, to 
his care,) when that severe and unparalleled sentence of death 
was to be executed on her, she took a ring off her finger, and 
gave it to one of her servants, and ordered him to carry it to 
her cousin, lord John Hamilton, who then represented his 
father that was dead, (his elder brother being sick of a phrensy,) 
and tell him, that that was all she then had to witness her 
great sense of his and his family's constant fidelity to her, and 
of their suffering for her interests ; and desired that it might 
be still kept in the family, as a lasting evidence of her kindness 
to it, which is preserved to this day. 

Nor was their duty to the crown at that time easy or cheap 
to them, for the contrary faction designed to root them out 
of Scotland ; and therefore in one of their mock parliaments 
their blood was attainted, and their estates and honours were 
afterwards given to other persons, and they were forced to 
seek shelter in England and France, till king James came to 
govern by his own counsels ; and then being also pressed to it 
by the intercession of queen Elizabeth, he restored them to 
their honours and estates, and created lord John Hamilton 
marquis of Hamilton, who was grandfather to the two dukes 
whose Memoirs I now publish. King James did also treat 
him with the same respect that the queen his mother had 
done the duke of Castle-herald, and called him always father ; 
and wrote to him often with the greatest freedom and famili- 
arity that was possible : and when that king went to Denmark 
to bring home his queen, he named him lord-lieutenant of the 
south of Scotland, and left for him a letter (yet extant) full of 
great esteem and kindness, to which he added this postscript 
with his own hand : 

My lord, if my constant trust had not been in you of your great 
love towards me, I had not thus employed you upon such an 
occasion; therefore I assure myself you will not frustrate my 
expectation. 

He also called him to christen one of his children, and con- 
tinued to the last to put great confidence in him. That lord 



PREFACE. xiii 

did indeed deserve to be so used by him ; for as he had with 
an invincible patience and loyalty submitted to the hard usage 
he met with during that king's childhood, and for some years 
after, so he made no stirs nor disturbance, but that little 
that was at Sterlin, anno 1585, so that when he was admitted 
to the king's presence, the king said to him, " My lord, I did 
never see you before, and must confess, that of all this com- 
pany you have been most wronged ; you were a faithful ser- 
vant to the queen my mother in my minority, and, when I 
understood not as I do the estate of things, hardly used." 
And though he was frequently invited by the violent church 
party to head them in their mutinous courses, yet he would 
never engage in it. And when that old lord was dying, as he 
was giving his blessing to his son, and reckoning up the most 
signal favours of God to him, he named three more particu- 
larly. The first was, that during all his troubles, and not- 
withstanding the great offers were made him in France by 
the house of Guise, if he would change his religion ; yet God 
had never left him to do so base a thing, though he lost his 
interest in that court by refusing it. The other was, that he 
had never oppressed any of his vassals and tenants. And the 
third was, that he had never entertained one thought contrary 
to the duty he owed the crown, and that no hard usage he 
met with had ever prevailed on him to any such design, 
and therefore charged his son on his blessing to continue in 
the same courses. 

All this I thought needful to be said for the honour of that 
family, because Buchanan studied with much art and industry 
to cast an eternal disgrace upon it. For as he from being a 
great flatterer of Mary queen of Scotland (which may be seen 
in his dedication of his incomparable Paraphrase of the Psalms 
to her) became her mortal enemy, and partly by lies, partly 
by his cruel aggravating of some unjustifiable things, has writ- 
ten the history of her reign with so much malice, that his 
work stands condemned as a base libel by an act of parliament 
in Scotland ; so, being provoked by an injury which a servant 
of the duke of Castle-herald's youngest son did him, of which 
he thought he got not sufficient reparation, and carrying a 
spite to them because they adhered to the queen's interests, 
he wrote of that family with the most impudent and virulent 



xiv PREFACE. 

malice that was possible. And his admirable style of Latin, 
in which he is inferior to none that wrote since the days of 
Augustus, has made all foreigners take their informations 
wholly from him ; and the collectors of the general history of 
that age do for the most part draw all the account they give 
of Scottish affairs out of him ; by which that family hath suf- 
fered much in the opinions of foreign nations : so dangerous 
it is to provoke one that has much malice, and can write 
a history so that it shall take with the world. 

But that writer contradicts himself so often in what he says 
of that family, that small regard is to be had to it. And 
Lesly bishop of Ross, privy councillor to Mary queen of 
Scotland, who wrote the history of that time, and bore no 
great good-will to the duke of Castle-herald and his children 
for being such promoters of the reformation, speaks always of 
them with a great deal of honour and justice. 

For the father of those dukes, he was, as archbishop Spots- 
wood truly calls him, a nobleman of rare gifts, and fitted for 
the greatest affairs, and was most universally beloved by all his 
countrymen : he was a very graceful and gallant person, and 
of a most agreeable conversation, and very obliging, and so 
did recommend himself to all sorts of persons. King James 
finding him excellently qualified, brought him to court, where 
he made a great figure the rest of his life. 

All these things concurred to make me very desirous to see 
whether the late dukes had continued in those steps their 
progenitors went in, or had departed from them ; therefore I 
told the duke and duchess of Hamilton that now are, that if 
I might have the favour and trust of perusing such papers as 
remained in their hands I should do my endeavours to make 
the best use of them I could, upon which they were pleased to 
send them all to me. The collection was great, and in as 
great disorder ; yet by a little care I brought them into some 
order, and found I had very authentical and full materials for 
a greater work than 1 had at first designed : but having read 
many scandalous pamphlets that had charged these dukes in 
divers particulars with an equal degree of injustice and malice, 
I found it necessary to inquire, as far as their papers could 
carry me, into the truth of these reports, which forced me to 
be more particular than had been otherwise needful. And 



PREFACE. xv 

yet I hope the reader shall have no great cause to complain 
of my tediousness, but that he shall find an entertainment 
through the whole work that shall not be unpleasant to him. 

I have opened the intrigues and counsels of those times as 
clearly as I could. This, some that perused the work have 
censured much, as a disclosing the secrets of government, 
and because in some places errors of government are neither 
concealed nor palliated : some advised me to pass these over, 
and not insist on them : but with this I could by no means 
comply, for I know no good that history does the world so 
much as the making posterity the wiser, both by shewing the 
faults of ministers that raised the discontents, and the follies 
and madness of those who put all in confusion to get grievances 
redressed. For the jealousies that were conceived, either from 
the ill opinion of ministers, or the consciousness of their own 
guilt, made the fomenters of those troubles think that neither 
concessions nor pardons were a sufficient security, but that as 
soon as the country and government was settled, what they 
had done would be remembered and punished, and did drive 
the faction much further than it seems they intended at first. 

All this I wrote with the more assurance after I had presumed 
to tell his majesty, that since I was writing of the late times 
I found it necessary to set down some errors that were com- 
mitted even by some of the ministers of the king his blessed 
father, and I could give no true account of matters if these 
were not likewise related : upon which his majesty most gra- 
ciously told me that such things were unavoidable in a history ; 
and therefore he allowed me to tell the truth freely. 

Upon so gracious a permission, I was the more emboldened 
to lay open things clearly, and to trace the troubles of Scot- 
land to their first beginnings. It is true, there were some 
things that had much influence on people's minds, of which I 
have given no account, having found no papers in this col- 
lection to direct me in them : and these were the whole pro- 
gress of the design for the resumption of the tithes into the 
crown, and the restoring them to the church, with all the 
steps that were made in it ; which was so nice a point, and 
had so much of the subtilties of law in it, that I did not 
think fit to meddle with it, especially it not lying before me 
in these papers, nor having any relation to the concerns of 



xvi PREFACE, 

these two brothers. The other was the proceeding in parlia- 
ment anno 1633, when his late majesty was crowned, with the 
petition that was afterwards drawn, for which the lord Bal- 
merino was tried, and found guilty, and had sentence of death 
passed on him. Then did the party begin to be more united, 
and secret engagements were given either to rescue him by 
force or to revenge his death, upon which the earl of Traquair 
procured a pardon for him ; but from that time the date of 
the confederacy of that party is to be reckoned, and though it 
lay quiet for some years, yet it was still fermenting, which 
made it burst forth upon the crisis that afterwards appeared. 
They were also much encouraged to all that followed by the 
informations they had of the malecontents in England ; for a 
gentleman of quality of the English nation, who was afterwards 
a great parliament man, went and lived some time in Scotland 
before the troubles broke out, and represented to the men that 
had then greatest interest there, that the business of the ship- 
money and the habeas corpus, with divers other things, of 
which there was much noise made afterwards, had so irritated 
the greatest part of the English nation, that if they made 
sure work at home, they needed fear nothing from England. 
And of this the duke of Hamilton, who had lived so many 
years in England, could not be ignorant : for so great a disease 
in the body politic as a civil war does not break out on a 
sudden, but there go before it many symptoms, which are well 
discerned by men of judgment and foresight ; the matter must 
be brought to the nature of tinder or gunpowder before a 
spark can set it on fire. And it was the prospect he had of 
what was like to follow in England if once a war begun, that 
made him employ all his endeavours to carry the king to as 
full concessions as he could possibly obtain. This, to such as 
do not reflect on the state of England at that time, may per- 
haps appear mean, or malice may give it a worse character. 
But as no sort of provocation will justify any man, though of 
the clearest courage, that will go and fight with a sword loose 
in the hilt, but he must be concluded rash and inconsiderate ; 
so the duke, knowing the disjointed condition of England, and 
apprehending that by all appearance the war would be unsuc- 
cessful, and that the demands of the faction would then grow 
higher, did as became a wise and faithful minister in trying 



PREFACE. xvii 

all the ways he could think of to settle matters before there 
should be any breach ; since the keeping the kingdom in quiet, 
though upon terms which had been hard to the king and 
derogatory to his authority, was much to be preferred to a war 
that was like to prove fatal to the king and kingdoms. 

For all that while the affection of the English to the party 
in Scotland did discover itself in many high expressions, which 
others could not but see, and the king sadly, but too late, felt 
afterwards ; for princes most commonly see such things last 
of all their people, their pretending flatterers, who are in truth 
their greatest enemies, keeping up such advertisements from 
them as long as can be, as if one out of fear to awaken his 
master should let him sleep when his house is on fire, till it were 
scarce possible for him either to quench or escape the flames. 
All these things concurred to set on the hot zealots to begin 
the troubles that ended so tragically in the murder of the 
king and slavery of the nations. 

And therefore nothing seems more needful in our present 
circumstances than to represent those things truly, that min- 
isters, on the one hand, considering the ill effects that followed 
on a stretched prerogative, and the people, on the other hand, 
apprehending the dismal consequences of tumults, jealousies, 
and civil war, there may be such an universal harmony be- 
tween the king and his subjects as may rejoice all good men, 
and disappoint and confound all the enemies of our peace and 
happiness. 

But all those things not being yet so fully clear to me, and 
not lying in the papers that were in my hands, I have given no 
account of them in this work, which I confined to the negotia- 
tions of those two brothers, whose papers I perused. Nor 
have I written any thing of the affairs of England, further 
than was necessary by their relation to and intermixture 
with those of Scotland : and though there are very consider- 
able papers in that collection, that were sent to Scotland, both 
from the committee of both kingdoms and from some eminent 
men of both houses, yet there is not a continued thread in 
them, and therefore I have published none of them. Nor 
have I drawn down my relation further than Worcester fight, 
where the younger of these brothers lost his life : for though 
I have been much pressed to write a full history of Scotland 

Hamilton. b 



xviii PREFACE. "~ 

from king James's death, where the most reverend Dr. Spots- 
wood ended his so much and so justly valued history, and 
to bring it down to the present time, yet I will see how 
the world is satisfied with what I now publish, before I give 
myself and others more trouble of this sort. 

At first I wrote this work historically, and only drew the 
most material heads and passages out of the papers that lay 
before me : but that noble and judicious gentleman, sir Robert 
Murray, to whose memory I owe the most grateful acknow- 
ledgments that can be paid by a person infinitely obliged 
to him, and that did highly value his extraordinary parts 
and rare virtues, gave me such reasons to change the whole 
work, and to insert most of the papers at their full length, 
that prevailed on me to do it ; and when it was written over 
again, as I now offer it to the world, he was so much pleased 
with it, that though I know the setting down his words would 
add a great value to it among all that knew him, yet they are 
so high in the commendation of it, that I cannot but conceal 
them. Some have wondered to find fewer of the duke's letters 
here than of other persons' ; but the truth is, these are so full 
and so particular in the advices and advertisements he wrote 
to the king, that it was by no means thought fit to publish 
too many of them, though the originals of them are yet 
extant, being written on the back by the king's hand. 

The vouchers of this whole work lie at Hamilton, where 
curious persons may both be satisfied about the truth of what 
is now published, and about many other very important things, 
from which I drew these Memoirs : only in a few particulars, 
for supplying some defects, I was forced to seek informations 
from persons of great honour and worth. 

My writing from such vouchers was the cause that some- 
times the angry language I found in letters did slip into my 
pen. I know there is nothing that does more misbecome an 
historian than to mix passion with the account he gives ; and 
so I studied to cleanse this work from it all I could, and read 
it over once or twice to throw out all those angry words which 
I had mixed in it carelessly, having among other things copied 
them from the letters that were in my hands. But upon a fur- 
ther review, I find that some of these reflections do still remain, 
for which I am very sorry ; but I can assure the reader, I had 



PREFACE. xix 

no design to leave needless imputations on any persons, for I 
took great care to write with all possible respect and caution, 
even of those who were the greatest enemies that both these 
dukes had: and those that know the present circumstances 
of that family, and of the writer himself, will find that no 
resentments for any hard usage they have met with has 
biassed him from what becomes an honest man and a faithful 
historian. 

I thought it unworthy of my pains to set down and confute 
those base and malicious calumnies which fill many books that 
pass for the histories of the late times. The truth of this 
work is a fuller confutation than any other could be. These 
writings indeed made me examine all the duke's papers more 
carefully, particularly the copies of their letters to their nearest 
and most assured friends, with the letters they received from 
them: most of these were written in cipher, and the deci- 
phering of them was no small trouble ; yet I resolved to spare 
no pains that rmsrht give me a full satisfaction about their 
most secret correspondencies. But after all that search, I was 
still more and more confirmed of the great integrity of their 
professions, and of their constant fidelity to the crown. 

I publish these Memoirs with the more confidence, because 
they having been seen and perused by divers of the most 
considerable and most intelligent persons of both kingdoms, 
either they went very far with their civility and compliment, 
or were well satisfied with them. 

I shall enlarge this preface no further, but desire that all 
the faults in the style or way of writing may be charged only 
on myself, and may leave no imputation on those worthy per- 
sons whose actions I relate, nor on those who now represent 
them, since they deserved a far better pen to be employed in 
writing their history. All that is good in this work is only 
from them, and all that is evil in it must fall entirely to my 
share, and I alone must bear it. They have suffered too much 
already from the malice of their enemies ; it will therefore be 
very unjust to make them suffer more for the indiscretion or 
weakness of an ill writer. I shall not stand longer on laboured 
and formal apologies, which are more used to shew the wit of 
the writer in making them gracefully, than from any humble 
opinion they have of their own performances who make them. 

b 2 



xx PREFACE. 

If I have not done this to the best advantage, it is because 
I could do it no better ; for the importance of these trans- 
actions, the merit of the persons, and the great honour I pay 
the family, and the duke and duchess of Hamilton that now 
are, made me judge it very well worth all the application and 
industry I could bestow upon it. 



% 



CONTENTS. 



BOOK I. 

Of what happened from his father's death till the year 1638. 

and negotiates with the States of 
Holland, ibid. Farensbach's trea- 
chery, ibid. 

The king of Sweden presses the 
marquis to come to Germany, 
10. and desires a league with the 
king, 11. 

Anno 1 63 1. 

Reay accuses Ramsay, 11. and 
lord Ochiltree accuses the mar- 
quis, ibid, the marquis's inno- 
cence appears, 12. lord Weston 
is his enemy, ibid, but the king 
will receive no ill impressions of 
him, ibid, and makes him lie in 
his bedchamber that night, 13. 

Ochiltree is tried, and punished for 
his false accusation, 13. 

Reay and Ramsay desire to fight, 14. 
the king's letter about that mat- 
ter, ibid. 

The marquis sails to Germany, 15,. 
and goes through the Sound, 
ibid, the king writes to him, ibid, 
he lands in Germany with 6000 
men, which did the king of Swe- 
den great service, 16. 

The marquis goes to the king of 
Sweden, 16. the king of Sweden 
sends him to guard some passes 
on the Oder, ibid, the plague 
breaks in upon his army, ibid, 
he relieves Crossen, 17. and takes 
Guben, ibid, he is called to be- 
siege Magdeburg, ibid. 



Anno 1625. 

The marquis of Hamilton dies, 
page 1*. his son succeeds him, 
ibid, his father's character, ibid. 

King James dies, 2. 

Anno 1626. 
The marquis goes into Scotland, 
2. the king writes to him, 3. 
and invites him to court, ibid, 
but he lives retired, ibid, the earl 
of Denbigh goes for him, 4. 

Anno 1628. 
The marquis comes to court, 4. 
his preferments there, ibid, the 
state of Germany, ibid. 

Anno 1629. 

The queen of Bohemia writes to 
him, 5. 

The king of Sweden desires a league 
with the king, ibid, who appoints 
the marquis to treat with him, 6. 
the marquis sends colonel Hamil- 
ton, ibid, and David Ramsay to 
the king of Sweden, ibid. 

Anno 1630. 

Articles signed by the king of Swe- 
den, 7. 

The prince of Wales is born, 8. 

The marquis made knight of the 
garter, ibid, articles with the king 
of Sweden signed by the mar- 
quis, 9. 

Ramsay deals with the lord Reay, 16. 



* The pages referred to are those of the folio edition, which are given in the 
margin of the present. 



XX11 



CONTENTS. 



Sir Henry Vane ambassador to the 
king of Sweden, 18. the king's 
letters to the marquis, ibid, the 
marquis goes to the king of Swe- 
den, 19. 

Magdeburg is brought to a parley, 
19. but is relieved by Papen- 
heim, 20. who draws out the 
garrison and leaves it, ibid. 

Two letters of the king's to the mar- 
quis, 20, 21. 

Anno 1632. 
The king of Sweden proposes un- 
reasonable terms to the king, 21. 
The marquis's army comes to no- 



will not give him a new commis- 
sion, 22. 

The king writes to him about a new 
employment for him, 23. 

The treaty between the king and the 
king of Sweden breaks up, 23. 

The passion of the king of Sweden, 
24. 

The marquis returns to England 
upon the king's commands, 24. 

The king of Sweden's death, 25. 

Anno 1633. 
The king is crowned in Scotland, 25. 
The king assigns a taxation to the 

marquis for repaying the expense 

of his army, 26. 



thing, 21. the king of Sweden 

BOOK II. 

Of what passed when he was the king's commissioner in 
Scotland, in the years 1638 and 1639. 



Anno 1637. 

The marquis employed in the affairs 
of Scotland, 27. 

A recapitulation of the state of the 
church from the reformation, 28. 

The ministers were popular and fac- 
tious, 28. 

King James sets up episcopacy, 
28. but it receives great oppo- 
sition, ibid. 

The king prosecutes his designs, 29. 

Prejudice conceived against the 
bishops, 29. they are charged 
with popery, ibid, and Arminian- 
ism, ibid, and breach of sab- 
bath, ibid, the nobility grow jea- 
lous of them, 30. their clergy 
dislike them, ibid, the Liturgy is 
appointed to be used, ibid, a tu- 
mult at the first reading of it, 31. 

Traquair's letter about the occasion 
of the troubles, 3 1 . new tumults, 
32. the king's proclamation does 
not quiet them, ibid. 

Anno 1638. 
The national covenant is sworn, 32. 



Traquair goes to court, 33. and pro- 
cures a new proclamation, 34. 
which they protest against, ibid. 

The council sends the king an ac- 
count by the lord-justice clerk, 
34. his instructions, ibid. 

Traquair and Roxbrough write to 
the king, 36. 

The council's letter to the marquis, 

37- 

The king names the marquis com- 
missioner for Scotland, 38. 

Articles sent up by the covenanters, 

39- 
Complaints sent up by the bishops 

and their clergy, 41. 
The king resolves to redress their 

grievances, 42. 
Some discourses that passed in the 

king's closet between the marquis 

and the bishops, 42. 
The king's proclamation, 43. 
Another proclamation, 44.- 
The archbishop of St. Andrews's 

draught of a proclamation, 45. 
Queries of the marquis's to the 

king, with the king's answers, 46. 



CONTENTS. 



xxm 



The instructions the king gave him, 
50. he goes to Scotland, 51. 
great jealousies of him there, 52. 
he finds things in an ill posture, 
ibid, of which he gives the king 
an account, 53. he goes to Edin- 
burgh, 54. and treats with the 
covenanters, ibid. 

The king writes to him to proceed 
warily, 55. 

The multitudes scatter, 56. 

The king writes to him about his 
preparations, 56. 

The session brought back to Edin- 
burgh, 57. 

The covenanters desire a speedy an- 
swer, 57. 

Many advise him to accept of an 
explanation of the covenant, 58. 
which he proposes to the king, 
ibid. 

The archbishop of St. Andrews's 
draught of the explanation, 58. 

The king writes to him about his 
artillery, money, and other de- 
signs, 59. 

The king will hear of no explana- 
tion of the covenant, 60. 

The marquis asks leave to come to 
court, 61. the king grants it, ibid. 

The bishop of Ross's letter to the 
marquis about his conduct in 
Scotland, 62. 

The session sat at Edinburgh, 64. 

The king's proclamation published, 
64. and protested against, ibid. 

The inconstancy of the council, 64. 

The marquis takes journey, 65. 

He gives the king an account of 
affairs, 65. and gets new instruc- 
tions, ibid. 

The king's letter to the council, 67. 
and declaration, ibid. 

The covenanters are busy in Scot- 
land, 68. 

A debate between them and the 
doctors in Aberdeen, 68. 

The covenanters' resolutions, 69. 



The marquis makes the king's plea- 
sure known, 69. the covenanters 
are not satisfied with it, 70. 

The marquis goes again to court, 
70. 

An advice offered to the king, 70. 
for renewing king James's cove- 
nant, 7 1 . the king's reasons against 
it, 72. but at length he gives way 
to it, ibid, and gives the marquis 
new instructions, ibid. 

Other instructions about the bi- 
shops, 74. 

An assembly to sit at Glasgow, 75 . 

The king's covenant, 75. and the 
bond joined to it, 77. 

The bishops are jealous of the mar- 
quis, 78. 

Jealousies begin among the cove- 
nanters, 79. 

The marquis calls the council to let 
them know the king's conces- 
sions, 80. the covenanters move 
for a delay, ibid, but after a long 
debate the council is satisfied with 
them, ibid, they are proclaimed, 
ibid, the covenanters protest 
against them, ibid. 

The king is well satisfied with the 
marquis, 80. 

The marquis apprehends the danger 
episcopacy was in, 82. which the 
king did not think so great, but 
is highly displeased with the cove- 
nanters, ibid. 

A pretended prophetess, 83. 

A Jesuit turns presbyterian, 83. 

The marquis prepares for the assem- 
bly, 84. 

The king is for punishing those that 
did protest against his proclama- 
tion, 84. 

The covenanters oppose the signing 
of the king's covenant, 85. 

The elections for the assembly, 
86. 

The bishop and doctors of Aberdeen 
subscribe the king's covenant 



XXIV 



CONTENTS. 



with limitations, 86. some are 
for proroguing the assembly, 87. 
but the king disapproves of that, 88. 

The bishops are cited to the assem- 
bly, 88. 

Many lords of the session sign the 
king's covenant, and some of 
them refuse to do it, 89. 

The king gets the castle of Edin- 
burgh into his hands, but it is in 
an ill case, 89. 

The marquis spares no cost in the 
king's service, 89. 

The king wants money, 89. 

The king writes by the bishop of 
Ross to the marquis, 90. and 
sends by him his observations on 
the bishops' declinator, 91. 

The marquis goes to Glasgow, 92. 

The bishops write to him, 92. 

The strictness of the king's con- 
science, 93. 

The assembly sits down, 93. the 
marquis's speech at the opening 
of it, 94. the king's offers to the 
assembly, 95. the bishops advise 
him how to proceed, 96. the 
members of the assembly, 98. 

The marquis sends full advertise- 
ments to the king, 98. to which 
the king writes answer, 99. 

The marquis displeased with the 
assembly, 99. 

Three letters of the king's to the 
marquis, 100. 

The marquis resolves to dissolve 
the assembly, 101. his speech at 
the dissolution, ibid. Mr. Hen- 
derson answers him, 105. the 
marquis replies, ibid, he dissolves 
the assembly, 106. but they eit 
still, ibid. 

The council approves of what the 
marquis did, 106. but Argyle joins 
with the assembly, ibid. 

The marquis goes back to Edin- 
burgh, 107. the king approves of 
his carriage, ibid. 



Two letters from the archbishop of 
Canterbury, 108, 109. 

The assembly proceeds, no. the 
marquis issues out a proclama- 
tion against them, ibid, but they 
end their business, and write to 
the king, in. 

The marquis is indisposed, in. he 
goes to court, ibid. 

Anno 1639. 

The state of affairs in Britain, 112, 

The king is highly displeased with 
the covenanters, 112. and re- 
solves on a war, 113. the design 
of it, ibid, the covenanters pre- 
pare for it, 1 14. and are animated 
by the ministers, 115. they be- 
come masters of all Scotland, ibid. 

The king emits the manifesto, 116. 

The covenanters begin the war, 116. 

They take the castle of Edinburgh, 
116. 

The king goes to York, 117. 

Huntley is taken prisoner, 117. 

The marquis makes ready to go to 
sea, 118. 

The king is angry with Traquair, 
118. 

Berwick and Carlisle possessed by 
the king, 119. 

The king writes about his procla- 
mation, 120. 

Hopes from Ireland fail, 120. 

The king sends his proclamation to 
the marquis, 120. and orders the 
marquis to sail to the Frith, ibid, 
the marquis puts his soldiers 
aboard, ibid. 

Some alterations in the proclama- 
tion, 122. 

The king orders the marquis not to 
go to the north, 123. 

The marquis sails into the Frith, 
124. he sends the king's procla- 
mation to Edinburgh, ibid, the 
covenanters write to him, 125. to 
which he answers, 126. some 



CONTENTS. 



XXV 



come and treat with him, 127. 

the king's advices to him, ibid. 
A proposition about the ferries in 

Scotland, 128. 
The earl of Rothes writes sharply 

to the marquis, 129. the marquis 

answers him, 130. 
The marquis sends some proposals 

for a treaty to the king, 131. 

which the king is pleased with, 

ibid. 
The state of the covenanters' forces, 

132. 
The king sends for two regiments 

from the marquis, 133. 
A conference between the marquis 

and some covenanters, 133. 
The king sends some lords to the 

marquis, 135. and the viscount 

of Aboyne, 136. 
The king is willing to enter on a 

treaty, 137. and is well satisfied 

with the marquis, ibid. 
Some on the borders gained to the 



The king orders the marquis to pro- 
ceed to hostilities, 138. who sets 
about it, ibid, but gets new or- 
ders, and goes to court, 139. 

A treaty is begun, 140. and con- 
cluded, 141. the king's declara- 
tion, ibid, the articles of the 
treaty, 142. it is variously cen- 
sured, 143. and not like to take 
effect, ibid. 

The castles are delivered to the 
king, 144. 

The marquis offers advice to the 
king, 145. 

The king thinks to send him again 
commissioner, 145. but he gives 
many reasons against it, 146. 

Traquair is made commissioner, 148. 

The king writes for many cove- 
nanters, 148. some only come, 
ibid, the king's order to the mar- 
quis about them, ibid. 

Montrose is gained by the king, 149. 

Traquair's instructions, 149. 



king's party, 138. 

BOOK III. 

Of what passed after he laid down his commission, till 
July 164a. 

The marquis retires from public The earl of Lowdon put in the 

affairs, 153. 
Traquair goes to Scotland, 153. 
The king writes to the Scottish 

bishops, 154. their declinator of 

the assembly, 155. 
The assembly sits and are very high, 

156. 
The king sends further directions 

to Traquair, 156. 
A new explanation of the covenant, 

157. Traquair signs the covenant, 

158. the king is much displeased 
with him, ibid. 

The parliament sits, 159. but is 
prorogued, ibid. 

The covenanters send up their com- 
plaint to the king, 160. whom 
Traquair incites to a war, ibid. 



Tower, 160. and the reason of 
it, 161. 
A new war resolved on, 161. 

Anno 1640. 
The covenanters' preparations, 162. 
Lanerick is made secretary of state, 

162. 
Lindsay writes to the marquis to 

prevent a war, 162. the marquis 

answers him by the king's orders, 

163. 
The grounds of the covenanters' 

confidence, 165. 
A short parliament in England, 166. 
The privy-councillors lend money, 

166. and so does the marquis, 

ibid. 



XXVI 



CONTENTS. 



The parliament in Scotland sits 
without any commissioner from 
the king, 166. and send up 
their acts to the king, 167. with 
which the king is much offend- 
ed, 168. 

A memorial of Lowdon's, 169. an 
agreement between the marquis 
and him in two papers, 1 70, 1 7 r . 
he is set at liberty, ibid. 

Lanerick writes by him in the king's 
name to the committee in Scot- 
land, 1 70, 1 7 1 . their answer to that 
letter, 172. 

The Scots' complaints, 173. they 
come into England, ibid, the 
king declares them traitors, ibid, 
they beat the king's forces at 
Newburn, ibid, and pass Tyne 
and take Newcastle, 174. they 
write again to Lanerick, ibid, and 
send a petition to the king, 175. 
the king answers it, 176. they 
send another letter, 177. the king 
appoints a treaty, 178. the mar- 
quis presses a pacification, ibid. 

A breach between the marquis and 
Montrose, 179. 

The treaty begins at Rippon, 180. 
and is carried on at London, ibid. 

The king's answer to the remon- 
strance of the two houses, 180. 

Anno 1 64 1. 
The king yields to the demands of 

the covenanters, 181. 
The earl of Strafford writes to the 

marquis, 182. 
Many complain of the marquis, 183. 
The earl of Rothes dies, 184. 



The parliament proceeds against in- 
cendiaries, 184. 

Montrose is put in prison, 184. 

The king goes to Scotland, 184. 

The members of parliament there 
subscribe the covenant, 185. 

The marquis is vindicated by act of 
parliament from the calumnies 
some did cast on him, 185. but 
the king grows jealous of him, 
ibid, an account of the incident, 
186. he again recovers the king's 
favour, ibid. 

The rebellion in Ireland, 187. 

The marquis's friendships designed 
for the king's service, 187. 

The king returns to London, 187. 

Some design to impeach the mar- 
quis in England, 187. but that is 
prevented, 188. 

Anno 1642. 

The Scottish commissioners stickle 
in England against episcopacy, 
188. the king is offended with 
them for it, 189. and requires 
them to do so no more, ibid, he 
writes about it to Lowdon and 
Argyle, ibid. 

The Scottish army is sent to Ire- 
land, 191. 

The marquis's sickness, 192. 

The treaty between Scotland and 
England, 192. 

New calumnies on the marquis, 
192. but he clears himself, 193. 

The king thinks of going to Ireland, 

193- 
The marquis waits on the king, 194. 
and is sent by him to Scotland, ib. 



BOOK IV. 

Of the duke's and his brother the earl of Lanerick* s negotia- 
tion in Scotland till their imprisonment. 

In Scotland they favour the two An assembly in Scotland, 196. 
houses, 195. the marquis sends the they declare against episcopacy, 
king an account of it, 196. ibid. 



CONTENTS. 



XXVll 



Motions for a meeting of the con- 
servators of the peace, 197. 

The king writes about uniformity in 
religion, 197. the Scots keep a 
resident at London, ibid. 

Mr. Murray's letter about the affairs 
of Scotland, 198. 

Lanerick's letter about affairs in 
England, 199. 

The marquis studies to gain many 
to the king, 200. 

The king's letter to the conservators, 

200. they incline to serve the king, 

201. and to invite the queen back, 
ibid, but the king did not approve 
of it, 202. yet is sensible of the 
marquis's fidelity, ibid. 

The earl of Louthian is sent to 

France, 202. 
An extraordinary letter of the king's 

to the marquis, 203. 
The marquis and Argyle at enmity, 

204. 
Great debates in the council, 204. 
The king has a great sense of the 

marquis's services, 205. 

Anno 1643. 

Many petitions come in to favour 
the two houses, 206. 

The cross petition, 206. it is con- 
demned by the ministers, 209. 

Commissioners are sent to treat be- 
tween the king and the two houses, 
209. the king rejects their medi- 
ation, 210. and answers the desires 
of the ministers, ibid. 

A petition against the annuities, 
211. signed by many, ibid. 

Montrose proposes to the queen to 
begin a war in Scotland, 212. the 
marquis opposes it, ibid. 

The king's answer about the medi- 
ation of the Scottish commission- 
ers, 213. they are called home, 
215. 

The marquis writes to the queen 
about it, 215. 



They take leave and come home, 216. 

The king sends his friends to Scot- 
land, 217. 

The queen writes to the marquis, 
217. 

They agree in Scotland to summon 
a convention of estates, 218. and 
write to the king about it, ibid. 

The king's instructions to the mar- 
quis and others, 219. 

The king's declaration about the 
war in England, 221. 

The marquis is made a duke, 224. 

Some of the king's party accused as 
incendiaries, 224. 

Lanerick gives the king an account 
of affairs, 225. 

The king's friends consult what to 
do, 226. and send a message to 
the king, ibid. 

The duke writes of the great danger 
he saw things in to Mr. Jermin, 
227. and to the queen, 228. 

The queen's answer, 229. he writes 
again to her, ibid. 

The king's letter forbidding the con- 
vention, 230. 

He writes to Lanerick, 230. 

Another letter by the earl of Lindsay, 
231. 

The king's letter to'the convention, 
232. 

Means used for the king's service, 

233- 
The convention sits, 233. after much 

debate they vote themselves a free 

convention, ibid. 
The duke leaves them, 234. 
Great jealousies and divisions among 

the king's party, 234. 
The general assembly sits, 235. 
Commissioners come from England, 

235. 
The arguments that prevailed to 

make a league with them, 235. 
The solemn league and covenant, 

237. the censures that passed upon 

it, 239. 



XXV1I1 



CONTENTS. 



The king and queen write kindly to 
the duke, 239. 

The king's letter to his good sub- 
jects in Scotland, 241. 

The king's friends send propositions 
to the king, 242. 

The heads of the treaty between 
Scotland and England, 242. 

The king's letter to the conserva- 
tors, 243. his letter to the coun- 
cil, 244. his letter to Lanerick, 
245. his letter about a proclama- 
tion, 246. his letter to Lanerick 
about that, ibid, he writes with 
great confidence to the duke, 247. 

The king's affairs in Scotland de- 
cline, 247. 

A message sent up by Traquair, 
248. 

All are commanded to take the co- 
venant, 249. 

The duke's endeavours for the king's 
service, 249. 

A meeting of the king's friends, 
250. they part without doing any- 
thing, ibid. 

The committee sends out severe 



orders against such as took not 
the covenant, 250. 

The duke ill represented at courts 
250. he goes to court, 251. and is 
made prisoner, ibid, he sees the 
charge given against him and an- 
swers it, 252. 

Charge against the duke, article firsts 
253. a general answer, ibid, answer 
to the first article, 254. the second 
article, ibid, the answer to it, 255. 
the third article, ibid, the answer 
to it, 256. the fourth article, 257. 
the answer to it, 258. the fifth 
article, 260. the answer to it, ibid, 
the sixth article, 261. the answer 
to it, ibid, the seventh article, ibid, 
the answer to it, 264. the eighth 
article, 267. the answer to it, 268. 

Lanerick presses for a present trial, 
269. but could not obtain it, 270. 
he makes his escape, ibid, and 
draws a party for the king in 
Scotland, ibid. 

The duke is hardly used, 270. and 
continues a prisoner, 271. he is 
set at liberty, 272. 



BOOK V. 

Of the duke's and his brother's employments after his 
enlargement till the year 1648. 



The king's affairs grow desperate, 

273- 
The duke resolves to retire, 273. 

The king goes to the Scottish army, 
274. commissioners are sent to him 
from Scotland, ibid, they press 
him to settle matters, ibid, the 
king complains of ill usage, ibid, 
the army petition him about the 
covenant, 275. the king proposes 
a treaty, ibid. 

An account of Montrose's affairs, 

275- 
The king recalls his commission, 
277. the king is much pressed to 
take the covenant, ibid, the king 



scruples, ibid, his conference with 
Mr. Henderson, ibid. 

Debates about the propositions to 
the king, 278. the papers given in 
by the Scottish commissioners 
about them, ibid, the propositions 
are agreed to, 279. the heads of 
them, ibid. 

The duke is well received by the 
king, 279. the king employs him 
to preserve Montrose, 280. he does 
it, ibid. 

The king is much pressed to grant 
the propositions, 281. but resolves 
to adhere to his conscience, ibid, 
his first thoughts of the propo- 



CONTENTS. 



XXIX 



sitions, ibid, his denying them 
much resented, 283. 

The Scottish commissioners serve 
him, 283. 

The king sends Argyle to London, 
283. 

The duke's endeavours in Scotland, 
284. he is much opposed by the 
ministers, ibid. 

The duke and others sent to deal 
with the king for his granting the 
propositions, 285. the king's an- 
swer to them, ibid. 

Another paper of the king's to the 
same purpose, 286. 

The duke resolves to go beyond sea, 
288. 

The independents cajole the king, 
288. but Lauderdale disabuses 
him, ibid. 

The duke obtains the king's leave to 
retire, 289. the king's letter recalls 
that, ibid, the queen writes to 
him, 291. the duke's letter to the 
king, ibid. 

The king's letter to Lanerick, 292. 
and to the duke, 293. 

The Scottish commissioners serve 
the king at London, 293. con- 
ferences between the two houses 
and them, 294. 

A parliament in Scotland, 294. 

Huntley is in arms, 295. the king 
writes about it, ibid, and about 
Traquair, 296. 

The consultations in Scotland, 296. 

Two letters of the king's, 297. the 
king's letter about the propo- 
sitions, 298. his answer to them, 
299. Lanerick's letter to the king 
about it, 302. the king's answer 
to him, 303. two other letters of 
the king's, 305. 

An account of the resolutions in 
Scotland, 306. which the duke 
and Lanerick oppose, but in vain, 

3°7 ; 
Lanerick writes to the king, 308. 



Resolutions taken about the king's 

person, 309. 
The Scottish commissioners leave 

London, 309. 

Anno 1647. 

Commissioners sent to the king from 
Scotland, 310. who deliver to him 
the votes of parliament, ibid. 

In Scotland they resolve to deliver 
up the king, 311. the duke and 
Lanerick oppose it much, ibid, but 
in vain, ibid, it is variously cen- 
sured, 312. 

The king's letter to the duke, 313. 

The duke and Lanerick begin a new 
design for the king, 313. 

New disorders in England, 314. 

The earl of Lauderdale is sent to 
London, 314. 

The army revolts, 314. and take the 
king from Holm by, ibid, they use 
him civilly, 315. the king writes 
to Lanerick, ibid. Lanerick's an- 
swer, ibid, two letters of the 
king's to Lanerick, 316. Lane- 
rick's answer, 317. another letter 
of the king's, 318. 

The army forces the parliament, 318. 
Lauderdale is ill used by them, 
319. this is resented in Scotland, 
ibid, but many are intractable, 
ibid. 

Instructions sent by Mr. Lesley, 320. 
the king's answer, 321. the king 
is abused by the army, ibid. 

Lanerick's letter about the delay of 
his coming to wait on the king, 
321. the king's answer to it, 322. 

The Scottish commissioners come 
to the king, 323. they intend to 
rescue him, 324. the king consults 
with them, ibid, he goes to the 
Isle of Wight, ibid, and writes to 
Lanerick, 325. the Scottish com- 
missioners write to him, 326. the 
king's answer to Lanerick, ibid. 

The four bills are passed, 327. the 



XXX 



CONTENTS. 



Scottish commissioners protest 
against them, ibid, and write to 
the king about them, ibid, the 
king is well pleased with their 
papers, 328. they write again to 
him, ibid, another letter to the 
king, 329. the king's answer to 
them, ibid. 
Designs against the king's person, 



Traquair is well with the king, 331. 
The Scottish commissioners advise 

the king, 332. the king sends for 

them, ibid, the king's care of 

Huntley, 333. 
The queen writes to Lanerick, 334. 
The Scottish commissioners agree 

with the king, 334. the king is 

made prisoner, ibid. 



33°- 

BOOK VI. 

Of the duke's engagement for the king's preservation, and 
what followed to his death. 



The duke's endeavours in Scotland, 

335- 

Three parties in Scotland, 336. 

The commissioners return, 336. the 
churchmen are jealous of them, 
337. the king writes to them, ibid, 
their answer, ibid. Lowdon for- 
sakes them, 338. 

The duke is designed general, 338. 

The parliament sits, 338. 

Commissioners from England, 338. 

The remonstrance of the ministers, 

339- 

The king writes to the lords, 
340. their answers to him, 340, 
342. 

Satisfaction offered to the ministers, 

342. 

Lanerick's letters about their affairs, 
342. and about their demands to 
the two houses, ibid, and about 
the declaration, 343. and putting 
the kingdom into a posture of 
war, ibid, and the modelling their 
army, 344. 

The prince resolves to come to 
Scotland, 344. 

The king designs an escape, 344. 

Great disorders in England, 345. 

Letters to the queen and prince, 
346. and to the king about the 
officers of the army, ibid. 

The ministers oppose the engage- 
ment, 348. 



The parliament's letter to the pres- 
byteries, 348. the parliament 
sends for the Scottish army in 
Ireland, 349. 

The confusions in England, 350. 

A fast at Westminster, 350. 

The parliament of Scotland ad- 
journed, 351. 

Some are against a present march, 

35i- 
A letter of the prince's, 351. 
Others press a speedy march, 352. 

and it is resolved on, 353. 
An insurrection at Mauchlin, 353. 
Some troops are sent to the borders, 

354- 
The whole army enters England, 

354. the chief officers of it, ibid. 
Calander's character, 354. 
The condition of the army, 355. an 

account of their march, ibid. 
Lambert retires, 355. 
A letter from Langdale, 355. 
The army marches into Lancashire, 

357- 
The Scottish army comes out of 
Ireland, 357. the cavalry leave 
the foot, 358. Preston fight, ibid. 
Middleton's gallantry, 361. at 
Warrington bridge the foot ca- 
pitulate, ibid, the horse come to 
Utoxater, 362. a mutiny, ibid, 
they treat with Lambert, 363. the 
articles are signed, 364. lord Gray 



CONTENTS. 



XXXI 



of Groby comes up, ibid, the duke 
is made prisoner, 365. and ex- 
amined, but discovers nothing, 
ibid, the engagement variously- 
censured, ibid. 

Lauderdale was sent to bring the 
prince to Scotland, 366. the prince 
intended to go, ibid, but the loss 
of the army stopped him, 367. 

An insurrection in Scotland, 367. 

Many in the committee of estates 
incline to submit to them, 367. 
but Lanerick opposed that long, 
368. 

An account of the Irish army, 368. 
they are called back to Scotland, 
369. and join with the committee 
of estates, 370. and defeat Argyle 
at Sterlin, 371. a treaty is carried 
on, ibid. Cromwell is invited to 
Scotland, 372. different opinions 
about the treaty, ibid, articles 
offered for a treaty, 373. the an- 
swer sent to these offers, 374. the 
treaty is concluded, 375. but not 
at all kept, ibid. 

Instructions sent to the two houses, 

375- 

Lanerick goes out of Scotland, 377. 
his letter to the chancellor, ibid. 

The duke is brought to Windsor, 
379. oft examined, but in vain, 
ibid. 

The king is murdered, 379. majesty 
in misery, in a copy of verses 
written by the king, 381. 

The duke escapes out of Windsor, 
384. but is taken in Southwark, 
ibid, and kept in St. James's, ibid. 
Argyle refused to intercede for 
him, 385. he is brought to his 



him, ibid, the duke's plea, ibid, 
the second appearance, 386. the 
third appearance, ibid, the fourth 
appearance, ibid, the fifth appear- 
ance, witnesses examined, 387. 
the duke pleaded the articles given 
him, 388. the sixth appearance, 
more witnesses, 389. the seventh 
appearance, more evidence led, 
ibid, the eighth appearance, the 
duke pleads for himself at great 
length, 390. the ninth appearance, 
his counsel plead, 392. the tenth 
appearance, the counsel for the 
people plead against him, 394. 
the eleventh appearance, Brad- 
shaw's speech, 396. sentence is 
given against him, ibid, the duke 
prepares for death, ibid, and 
writes to his brother, 397. and to 
his children, ibid, his speech be- 
fore his death, 398. he is led out 
to his execution, 400. and writes 
a note to his brother, ibid, new 
offers of life made upon base con- 
ditions, and rejected by him, 401. 
Dr. Sibbald encourages him on 
the scaffold, ibid, the duke's last 
speech, 402. and prayer, 404. his 
death, ibid, and burial, 405. his 
character, 406. his birth and 
parents, ibid, his person, ibid, his 
education, ibid, his marriage, ibid, 
his lady's virtues, 407. and death, 
ibid, his religion, ibid, his abili- 
ties, 409. his loyalty, ibid, his 
love to his country, 411. his tem- 
perance, ibid, his ingenuity, 412. 
his good nature, 413. his death 
much lamented, 414. 
A letter of the queen's, 415. another 
of the king's, ibid. 



trial, ibid, the indictment against 

BOOK VII. 

A continuation of affairs till Worcester fight. 
The character of William duke of secretary of state and earl of 
Hamilton, 417. his first appear- Lanerick, ibid, the friendship be- 

ance at court, 418. he is made tween his brother and him, ibid. 



XXX11 



CONTENTS. 



his diligence in his employment, 
419. his abilities, ibid, his religion, 
ibid, his troubles prove happy to 
him, 420. his care of his brother's 
daughters, ibid, his duty to the 
king, 421. he was ill used by his 
enemies, 422. he advises the king 
to settle with Scotland, ibid. 

The treaty at Breda, 422. 

The duke returns with the king, 423. 
but is put from the king, ibid, 
and lives in the isle of Arran, ibid. 

Cromwell enters Scotland, 424. 

Dunbar fight, 424. 

The king is better used in Scotland, 
424. 

The church party divided, 424. 

The duke comes to the king, 425. 
the king marches into England, 



ibid, the duke's letter about their 
march, 426. Lambert is beat from 
Warrington bridge, 427. 

The king comes to Worcester, 427. 
Cromwell follows him, ibid, the 
king is in great straits, 428. 

The duke apprehends his own death, 
428. and prepares for it, ibid, his 
meditations before the fight, ibid, 
and prayer, 429. Worcester fight, 
430. the duke's regiment charged 
gallantly, ibid, the duke's great 
valour, ibid, he is wounded and 
taken, 431. his wounds prove 
mortal, ibid, his letter to his lady, 
ibid, his death, 432. and burial, 
ibid, his last will, 433. a letter 
with it to his lady, 434. 

The conclusion, 436. 



MEMOIRS 



OF THE 



LIFE AND ACTIONS 



OF 



JAMES DUKE OF HAMILTON 



BOOK I. 

Of what happened from his father's death till the year 1638. 

JAMES marquis of Hamilton died at London in March, 
1625, and was succeeded in his honour and fortune by his 
eldest son and heir James, afterwards created duke of Ha- 
milton, whom his father had brought with him to England 
some years before, and was then in the eighteenth year of his 
age, and sent to prosecute his studies at Oxford ; from whence 
he was called to see his father die, and came in time to re- 
ceive his last advices and blessings. Thus died that great 
and illustrious person in the flower and vigour of his age, 
being then but thirty-six years old. 

He was in great esteem in both kingdoms, equally dear to 
the sovereign and the subjects ; and it was certain no person 
could have disputed with him the king's affection and confi- 
dence, the duke of Buckingham only excepted. His serving 
as commissioner for the king in the parliament 1621 had 
much lessened his interest in Scotland ; for these five articles 
of Perth, (where the assembly of the church that settled 
them was held,) commonly called the Five Articles, were gene- 
rally so odious, that his carrying the settlement of these in 
parliament drew much dislike from all that party which was 

Hamilton. b 



2 Of the marquis's father — Death of king James. I. 2- 

then called Puritan : but his carriage in that parliament 
gained him as much trust and favour with the king as ever 
man had. The king created him earl of Cambridge, a title 
that was never conferred on any but such as were of the 2 
royal blood ; he made him also knight of the garter, and lord- 
steward of the household. King James was likewise glad to 
see his friendship for my lord marquis and his family like to 
prove hereditary by the kindness he saw growing up with the 
prince for his son; in whose youth there was an agreeable 
sweetness, which gained an early room in the princess affec- 
tions, and took so deep rooting there, that nothing was ever 
able to deface it : and as he had the honour to be the prince's 
nearest kinsman by the royal blood of Scotland, so he spent 
several of his younger and more innocent years in his com- 
pany ; and when the prince was in Spain, he made one of that 
honourable train that went to wait on his highness. 

3 But since the following narration is to be filled with great 
and considerable transactions wherein this marquis was so 
eminently engaged, I shall dismiss such particulars as were 
of less concernment, and therefore at one step shall leap over 
the whole tract of his youth ; neither shall I interrupt my nar- 
ration of public matters with accounts of his personal and do- 
mestic affairs, which shall be referred to one place, in which, 
as I give his character, such of those as are fit to be made 
public shall be mentioned : neither will I here offer any fur- 
ther account of his father but what shall be the matter of 
the whole following history, which is, that he was the father 
of two such excellent sons. 

4 King James, as he received the tidings of his death with 
much grief, so he prophetically apprehended that as the 
branches were now cut down the root would quickly follow; 
for the duke of Richmond died about the same time likewise. 
This marquis's death was followed with an universal regret, 
and I find divers of the English nobility, in their letters to his 
son, expressing their affection and esteem for the father in 
terms beyond the cajolery of civility or compliment. The loss 
of so great and such a tenderly affectionate father meeting 
the sweet disposition and dutiful love of the son, could not 
but prove very afflicting to him ; but this private grief was 
followed by a public calamity, brought upon these kingdoms 



— 7. King Charles invites the marquis to court. (1627.) ^ 

by the death of king James, on whose character I shall not 
adventure, since it is without the lines of my work. 

5 The marquis sent down his father's corpse to Scotland, 
where it was nobly interred in the burial-place of that family ; 
but could not follow it himself, being obliged to wait and 
assist at the coronation of king Charles the First, which 
shortly followed, where he carried the sword of state before 
the king; and he found the crown had rather heightened 
than lessened the new king's affection for him. But within 
a little he resolved to return to Scotland to look to his own 
affairs, which were in great disorder by his father's magni- 
ficent nobleness, who, notwithstanding his being lord-steward, 
and the benefit of other places he enjoyed, had far outrun 
himself at court. But indeed his son had too much of his 
own temper, and was too generous to be very frugal. During 
his absence from court, his majesty's affection for him ap- 
peared not only in his ready granting of every thing was 
moved for his advantage, but in the kind letters which upon 
different occasions he wrote to him with his own hand, (not 
to mention the many public ones he got upon all occasions.) 
In one of them the king writes : 

6 James, ^ 
The reason why your business is not yet settled is, that this long 

time I have attended the coming of him yourself thought fittest to 
be trusted in it ; he is now on the way, and shall no sooner be 
arrived but the direction shall be given, as I have already promised 
you. I doubt not but your want forced you to leave me, but mine 
shall not hinder me to help yours ; and I am sure likewise, that as 
you see I do not forget your turns, you will at this occasion of the 
late commission I have sent down shew yourself forward in mine. 
So farewell. 

Newmarket, Your constant loving friend, 

4 March, 1627. Charles R. 

7 In another he writes : 

James, 
Having (as I hope) dispatched your business, I must tell you 
it was ill-luck and not ill-will that made it so long a-doing, and like- 
wise of the importunity of a house of women for calling you hither : 
but it may be the company of some where you are will make you 
give a negligent ear to those that are here ; yet I doubt not but 

b2 



4 The marquis is made master of the horse. I. 7 — 

when you know (as these lines do assure you) that you cannot 
come before you shall be welcome to your best friends here, that 
your stay will not be long where you are. So referring you for 
other business to the bearer your man, I rest 

The first day of Your loving constant friend, 

the year, 1628. Charles R. 

8 But the marquis excused himself upon the great encum- 
brances were on his fortune, which made it impossible for 
him to live at court in the rank that became his quality; 
he seemed also at that time to be in love with a retired life, 
and spent much of his time in the isle of Arran. It cannot be 
denied to be without example, to see a king entreating his 
subject to accept of the favours and honours he designed for 
him, when he was with much humble modesty declining these 
royal offers. But as the king pressed his return to court 
very earnestly, he was likewise solicited to it by a great 
many of chief rank there, and by none more warmly than 
by the duke of Buckingham, with the greatest and heartiest 
offers of all the friendship and service he could do him : yet 
he continued in Scotland till the end of the year 1628, and 
all the while kept himself at a distance from public affairs, 
not meddling in any thing beyond his private concernment ; 4 
but his sweet and obliging temper took exceedingly with all 
people. 

9 In the end of the year 1628 his father-in-law earl Denbigh 
came down to press his return to court, with a new and kind 
invitation from the king, expressed in the following letter : 

Hamilton, 
I have taken this occasion by Denbigh's going to affirm to you, 
under my own hand, the message Traquair brought to you from me. 
I need say little more at this time, because according to your letter 
I look that you should be quickly here, which again I assure you 
will be well done. So referring you to your father Denbigh, I rest 
Hampton-Court, Your assured constant friend, 

25 Sept. 1628. Charles R. 

10 The earl of Denbigh brought also with him from his ma- 
jesty the offer of the master of the horse his place, which 
was fallen by the murder of the duke of Buckingham. This 
earnest and noble message, brought and enforced by such a 
bearer, could be no longer refused ; therefore in the end of 



-12. The affairs of Germany . (1629.) 5 

the year he went to court, where he was presently made 
master of the horse, and gentleman of the king's bedchamber, 
and privy councillor in both kingdoms : and the king used 
him with so much tender kindness, that his carriage to him 
spoke more of the affection of a friend than of the power of a 
master ; he called him always James, both when he spoke to 
him and of him, as an expression of his familiarity with him ; 
and it was presently observed by all, that none had more of 
the king's heart than he possessed. But as high favour with 
a prince is ever attended with envy and jealousy, so he missed 
not his share of it from those who were looking on him as the 
rising favourite ; though as he bore that character worthily, 
he managed it prudently, for he neither studied to engross 
things to himself nor his kindred : he grew not insolent upon 
favour, nor impatient of competitors ; neither did he obtrude 
himself upon the management of particular affairs, but did 
rest satisfied with the royal marks of his master's favour, 
which upon all occasions were poured on him liberally. 

11 The great design which at this time possessed the king 
wholly was about the affairs of Germany, and the recovery of 
the Palatinate, with the rescue of his sister and her posterity 
from the ruin which was not only hanging over them, but had 
already overwhelmed them. 

12 I need not here resume the too well known occasions of 
these troubles, nor tell how the wars of Boheme first began, 
nor how the prince elector Palatine being chosen their king, 
did by accepting that crown involve himself and all Ger- 
many in a tract of the most lasting and bloody wars that 
have been heard of. The new elected king was scarce well 
settled on his throne, when it was not only shaken, but over- 5 
turned ; and the emperor, with the assistance of Spain and 
the duke of Bavaria, who was thirsting after his cousin's 
dignities and dominions, was not content with the recovery of 
his own dominions, but carried his conquering eagles into the 
Palatinate ; which not being able to resist so powerful an 
invasion, was forced under his obedience, and the electoral 
dignity was by the emperor afterwards translated to the duke 
of Bavaria. King James was very much displeased with his 
son-in-law for engaging in the affair of Boheme, but could not 
be unconcerned when he saw the ruin of his family following 



6 The king of Sweden invites I. J 2- 

upon it ; yet his inclinations to peace overruled his other re- 
sentments, and his hopes to prevail by treaties made him still 
delay entering into action ; for at that time the treaty of the 
match with Spain was on foot, and the king was abused by 
the Spaniards, and made believe the Palatinate should be 
again restored : but his slowness in that missed not the se- 
vere censures of all Europe. 

13 King James left his crowns and designs to his son, who 
judged himself bound by all ties, divine and human, to see to 
the recovery of the Palatinate, and the stopping of the impe- 
rial success, which by a great torrent of victories was become 
formidable and burdensome to all the princes of Germany ; 
yet the opposition the king met in some parliaments, which 
were dissolved soon after their meeting, made his designs go 
on slowly. But to ravel no further into matters without the 
lines of this narration. 

14 The marquis was no sooner at court but the queen of 
Bohemia recommended the care of her affairs to him, as the 
person (being her nearest kinsman and best known to her) 
in whom of all that were about her brother she confided 
most ; and as during the king her father's life she had em- 
ployed none so much as his father, so she did entail that 
trust upon the son : and indeed in all her letters to him 
(hundreds of which remain) she continued such expressions 
of genuine and frank kindness, as shew she never thought 
she had misplaced her trust. 

15 At this time the king of Sweden being provoked with a 
desire of glory, and led on by the aspirings of a great and 
generous mind, resolved to adventure on that which had been 
fatal to all who had attempted it, and to oppose the empe- 
ror's designs, declaring his resolutions were to deliver Ger- 
many from the yoke of tyranny, which was beginning to be 
twisted about their necks ; but fearing his own strength was 
not a,ble to compass so great a design, much of his confidence 
was grounded on the assistance he expected from the king. 
Therefore, as by his own ambassador the lord Spence he soli- 
cited his aid, so he employed the king of Bohemia to inter- 
pose with his majesty for his assistance in the prosecution of 
that great affair ; who pressed it with much earnestness by 
his agent Curtius, representing that now or never was the 



.15. the king to his assistance. (1629.) 7 

time that it should appear to the world what effects he might 
look for from his alliance : and the king was resolved in good 
earnest to advance that design, but judged it not fit for him- 
self to own it in his own name at first, for some reasons of 
state ; a chief one being, that his ambassador in Germany, 
sir Robert Anstrother, was entertained at that time with 
some hopes of the restauration of the Palatinate, though that 
was judged to be without any other intentions but to cajole 
the king, and so keep him from concurring in the Swedish 6 
designs. His majesty finding it not convenient to appear in 
it himself, resolved it should pass for the voluntary assistance 
of his subjects, to which he should only give way, and made 
choice of the marquis for the person in whom he had the 
greatest confidence of his zealous pursuing his designs upon 
the Palatinate. Whether this motion came originally from 
the king or not, I do not see, or if it was the desire of the 
king or queen of Bohemia, which seems more probable ; for 
the Swedish ambassador did first move it, and pressed it 
with much earnestness : others suggest that it came from 
some of the marquis his enemies, who envying and suspecting 
his rising greatness, and seeing no possibility of lessening his 
interest in the king's affection that was daily growing, judged 
this honourable proposition would once set him a good way 
from the court. There was too much of honour in this pro- 
position to be rejected by the marquis, and his age being at 
that time pronest to a thirst of glory, he could not but be 
hearty in the undertaking, though the ruin of all, who had 
hitherto embarked in that design, gave but small encourage- 
ment to any who should engage in it ; yet the great renown 
of the Swedish king, together with the fears into which all 
the prinees of Germany were now driven, which rendered 
them almost desperate, made the attempt look more pro- 
mising than formerly : but the marquis's duty to his master, 
and his affection to all his interests, chiefly those of his only 
sister, made him with alacrity accept that employment. One 
thing was certain, that which way soever the first proposition 
of this was made, it came not from himself ; for if the king had 
known or suspected it to have flowed from him, it would have 
appeared afterwards when the calumnies to be related were 
under examination, or when the marquis was a prisoner : but 
no such thing ever dropped from his majesty. 



8 Articles signed by I. 16- 

16 In the end of the year 1629 tne marquis according to the 
king's orders sent colonel Hamilton, brother to the earl of 
Hadington, to the king of Sweden with a general offer of his 
service, and his resolution to come in person with a con- 
siderable force, to join with him in his noble enterprise for 
the liberty of Germany. This had a very kind reception 
from the king of Sweden, for at that time the valour of the 
Scots was so great, and that king's value of them so high, 
that he welcomed the proposition with a sincere heartiness ; 
and as he wrote a very kind answer to the marquis, (which 
with many others of his letters is yet preserved,) so he sent 
him a commission to be general of what army he should raise 
for his assistance. 

17 Upon this the marquis sent one David Ramsay, a gentle- 
man of the privy chamber, to agree the conditions upon 
which he should embark in the Swedish design. This Ram- 
say was one in whom he had no interest at all, neither can 
any account be given what he was, save that there is a letter 
from the king of Bohemia in my hands, wherein he recom- 
mends him to the king as one who had served him faithfully 
in Germany ; he therefore, as being acquainted with the Ger- 
man language and affairs, and zealous for the king of Bo- 
hemia's service, was made choice of for this negotiation : but 
for the marquis to have made this man, who could be no 
longer known to him than since he came last to court, a con- 
fident in so great and desperate a resolution as was after- 
wards fastened on this employment, it had the same likeli- 7 
hood which was in the rest of the calumnies wherewith his 
innocency was attacked. 

j 8 Colonel Hamilton, who had stayed with the king of Sweden 
and Mr. Ramsay, agreed with that king on the following con- 
ditions, which I set down faithfully translated from the ori- 
ginal, which is in Latin : 

We Gustavus Adolphus, by the grace of God king of the Swedes, 
Goths, and Vandals, great prince of Finland, duke of Esthone 
and Carel, and lord of Ingria, &c. to all and sundry whom it 
concerns, make it known and certain, that whereas the illustrious 
and our sincerely beloved lord James marquis of Hamilton, master 
of the horse to the most serene king of Great Britain, out of his 
zeal for the public good, and for acquiring eternal fame, hath re- 
solved to dedicate himself and the fortunes and forces of all he is 



— 1 8. the king of Sweden. (1630.) 9 

concerned in, for restoring our oppressed friends in Germany, and 
for that end hath offered to us by the illustrious and our sincerely 
faithful colonel Alexander Hamilton his fidelity and service, and 
that he will on his own expence gather a strength of six thousand 
men, and bring them over, as soon as may be, to any place we shall 
appoint, either against the imperialists, or any other of our enemies, 
and maintain them on his own charge, and do us all faithful and 
vigorous service with them, till this great affair be brought to a 
good issue., provided we shall authorize this his design with our pro- 
tection, and give him the underwritten assistance : therefore, there 
being nothing dearer to us than to make all vigorous resistance to 
the common enemies of liberty, and having in high estimation the 
brave undertakings of generous men, we not only would not reject, 
but have heartily embraced the nobleness of so good resolutions : 
we have therefore admitted, like as by the vigour of these presents 
we admit, the said lord marquis into our service, armies and military 
counsels, on the following conditions : 

First, whenever he shall signify to us that he is ready to bring 
over his forces, we shall assign him a place for his landing, either to 
come and join with our armies, or to make an impression elsewhere, 
as we shall think fit. 

Next, if we appoint him to land in any place from whence he shall 
not come straight to us, we shall, for strengthening his forces, send 
to the place we shall assign for his landing four thousand foot out of 
our armies, whom we shall furnish with all necessaries, and maintain 
on our charges a whole year. 

Thirdly, because the said marquis thinks two thousand horse are 
necessary for his foot, for whose levy and pay he promises all 
assistance ; we shall therefore think of all ways and means for rais- 
ing and maintaining these. 

Fourthly, we not only give the said illustrious marquis the ab- 
solute command of this army in our absence, but shall also join to 
him a counsellor with whom he may consult in all things, that so 
his deliberations be more expedite and clear. 

Fifthly, whatever the illustrious lord marquis shall take from the 
enemy, the lands and territories shall belong to us, but the revenues 
and all the emoluments shall go to him, and to the relief of his 
army ; yet so as these revenues shall be gathered decently and in 
order, without depredations or plunderings ; since our design is not 
to oppress those who have been already enough pressed, but rather 
to deliver them from the oppressions of others, as much as by the 
Divine assistance we can. 



10 Articles signed by the king of Sweden. I. 18- 

Sixthly, that the marquis may more effectually perform what he 
hath bravely resolved, and may sooner make those warlike instru- 
ments of his own invention, on which he relies much in his expedi- 
tion, we shall not only with the first occasion furnish him with a 8 
hundred ship-pounds of crude iron, but shall also assign hammers 
for working it according to his design; of which instruments he 
hath promised to leave a model with us, and we shall be careful that 
none of our servants shall make use of them before he hath first 
made trial of them himself. 

Seventhly, we shall also furnish him with three hundred and 
seventy ship-pounds of iron -ball for his guns, and two thousand 
and five hundred pikes, and as many muskets. 

Eighthly, whenever the marquis shall advertise us of his needing 
gunpowder, we shall assign him bills of exchange in Holland for 
buying seventy-two ship-pounds of gunpowder. 

Ninthly, if any other kings or states shall concur with us, all they 
contribute shall be at our disposal; but if the marquis's necessi- 
ties require further assistance, we shall not abandon him, but faith- 
fully assist him, as much as our affairs shall permit. 

Tenthly, for all which the said illustrious lord marquis with all his 
forces hath promised fidelity to us, and shall be bound to it as well 
as our men, and these who receive our pay, are; for which both he 
and all his captains shall be particularly engaged. 

But because there is to be a treaty betwixt our commissioners and 
the imperialists of Dantzic, therefore if a peace shall be there con- 
cluded, so that we shall not need the service of the marquis and his 
army, he hath obliged himself to pay for the foresaid materials at 
their entire value. 

All which things being thus concluded, and to be firmly observed 
by us, we have subscribed these articles with our hand, and com- 
manded our royal seal to be put to them. At our castle in Stock- 
holm the last of May, anno Dom. 1630. 

Signed, 

Gustavus Adolphus. 




19 These were signed by the king of Sweden at Stockholm the 
thirtieth of May, 1 630, which was the day after the prince of 
Wales's birth, (his majesty who now reigns, whom God long 



— 2i. The marquis is made knight of the garter. (1630.) 11 

preserve,) at whose christening the marquis had the honour 
to represent the king of Bohemia, who was one of his god- 
fathers, the king of France being the other, who was also 
represented by the duke of Lenox ; and at this time a stall 
of the order becoming vacant, his majesty conferred on the 
marquis the most noble order of the garter, that he might go 
in this expedition with the more lustre. 

20 But to these articles I shall add the return was sent by the 
marquis, which though not done till the next year, yet is most 
properly inserted here, because of the relation it hath to the 
foregoing paper. What follows is a translation taken from 
an authentical sealed duplicate of the original in Latin. 

21 Whereas there is a mutual compact agreed betwixt the most 9 
serene and mighty king of Sweden and me, for joining of our forces ; 
that the articles be fully ratified, and lest any thing afterwards fall 
in which may put a stop in our counsels, or give matter for sinistrous 
glosses, I therefore subscribe for my part all the articles, adding 
only the following explication to some of them. 

To the first, if the most serene king assign me a place for land- 
ing, I vow and promise by the grace of God to do it, betwixt 
and the day of the next June. 

To the second, if the most serene king of Sweden send me the 
agreed number of soldiers out of his own forces, at the place and 
time appointed, I understand that by furnishing them with all neces- 
saries, a full and entire pay without any deductions be laid down for 
a whole year, according to the establishment of his majesty with his 
own officers. 

Besides, if the most serene king cannot allow of so great a di- 
minution of his forces, it will be necessary that he not only settle a 
fund for such a sum as may levy, arm, and pay as many soldiers, 
but there will be need of some more ; for the odds will be vastly 
great betwixt his majesty's trained soldiers and a sudden levy of raw 
novices. 

To the third, since the article of the horse is conceived in general 
terms on both sides, nothing being certainly fixed on either, it will 
be expedient that your sacred majesty declare your mind in it 
plainly, how far you oblige yourself: and what shall be agreed for 
me, betwixt your majesty and these to whom this affair is trusted 
by me, I bind myself to ratify. 

To the fifth, since the reasons of my expedition to Germany are 
the same with your majesty's, I have firmly resolved to help and 



12 Ramsay is sent to the States I. 31 — 

relieve the oppressed princes and states of Germany, with the ease 
of all these burdens with which they are now pressed, and therefore 
shall do every thing in order, and decently, as becomes most friendly 
auxiliaries ; and if any thing be taken by me from the common 
enemy, I shall desire nothing more than that the right of it be en- 
tirely and inviolably your majesty's. 

To the ninth, since I have devoted my whole fortune with all my 
interests for promoting this our design, I promise that whatever any 
shall contribute for it shall all be laid out for this war, which I shall 
with my whole forces manage and carry on, till either it please God 
that you obtain a desired peace, or that the liberty of Germany, 
which is now oppressed, be restored. 

To the tenth, since by this article your majesty requires and ex- 
pects fidelity from me and my army, I James marquis of Hamilton 
by these presents give my faith for myself and them, and bind both 
myself and them ; and for the confirmation of this I do subscribe 
this article with all the preceding, and put my seal to it, at London 
the first of March, anno Dom. 1631. 

Signed, 

Hamilton. 




22 Ramsay had in commission to deal with any Scottish or 10 
English officers who served beyond sea to come and serve 
under the marquis ; and finding Mackay the lord Reay in 
good reputation, he dealt with him to engage in his service, 
who cordially undertook it, and some months after that wrote 
to the marquis, (which letter is preserved,) that though the 
king of Sweden had given him the command of three regi- 
ments, and made him captain of his guards ; yet he was so 
desirous to put life in his noble designs, that he would serve 
him, were it but to carry a pike in his army : and thus 
Ramsay returned, and colonel Hamilton with him. Where- 
upon the marquis went about the executing of his designs, 
and the levying of his men, but all was according to the king's 
orders and instructions ; yet his majesty seemed only a con- 
senter to it. The levies went on all this winter, in which 
many were backward, because the king owned them so little. 



- 24 . and Elphinston to the king of Sweden. ( 1 63 1 . ) 1<S 

As for money, the king advanced a good sum, though far 
short of what was necessary : but he gave the marquis a 
lease of the customs of the wines in Scotland for sixteen 
years, upon which security he and all his friends raised as 
much money as the design required. Many of the marquis's 
friends did in the beginning dissuade him from the under- 
taking, apprehending the hazards both of his person and 
fortune, which were visible from an attempt that was full of 
dubious success ; but when they saw him engaged in it, they 
did all very frankly concur, mortgaging their fortunes for 
raising such sums of money as were necessary for the expe- 
dition. 

23 Next spring the marquis sent Eamsay to Holland, to see 
what assistance he might expect from the States, and in par- 
ticular to deal with some British officers who were then in 
their service, to come and take employment in his army. He 
likewise sent one Elphinston to the king of Sweden, to shew 
him that he would be ready to land with his army in June or 
July, and to press that the forces he was to have from the 
Swede might be ready to meet him wherever he were ap- 
pointed to land his men : or if the king of Sweden could not 
spare so many men, that he would order the money for their 
levy and pay to be sent to Hamburg, or to any other bank, 
that so the marquis might levy them himself. Upon this the 
king of Sweden sent the lord Reay first to Denmark, and then 
to Holland, for carrying on of those levies ; and committed 
the levying of three thousand foot and one thousand horse to 
colonel Farensback, a Leeflander of good repute in the wars ; 
who had served the emperor, but for I know not what crime 
had lost his favour, and undertaken the service of the Swede, 
and seemed to be going on with his levy till the time was 
past, and then did basely run over to the emperor ; shewing 
how great a service he had done by his cozening the king of 
Sweden, since he hoped the failing of the Swedish auxiliaries 
would keep the marquis of Hamilton's army from coming 
over that summer. 

24 King Gustavus was now in Germany, and by his frequent 
letters pressed the marquis his dispatch, for he was then in 
great straits : the princes of Germany begun to fear his suc- 
cess, and were not so forward in joining with him as he 



14 Reay accuses Ramsay and Ochiltree the marquis. I. 24— 

expected ; and by divers letters, both from himself and Oame- 
rarius his ambassador in Holland, and Salvius his agent in 
Hamburg, it appears that the princes of Germany took their 
measures chiefly from the king's resolutions. The king of 11 
Sweden also desired a league with the king, and that the king 
should send over ten thousand men whom the king of Britain 
should maintain during the wars, and that army, with the 
other twelve thousand, should be under the marquis his com- 
mand as general : upon which the king of Sweden should 
oblige himself never to make peace with the emperor till the 
Palatinate were restored. To this the king gave a good hear- 
ing, and promised to send over an embassador to finish the 
agreement ; and in the mean time the marquis his dispatch 
was hasted forward with all diligence. His army was partly 
Scots, partly English, and they were to be transported in the 
king's ships ; the Scottish forces were to be shipped at Leith, 
and the English at Yarmouth, and Yarmouth-road was to be 
their rendezvous. 
2 5 In the end of May both Reay and Ramsay came out of 
Holland to England. Ramsay got nothing done with the 
States, who would give no assistance to them arquis till the 
king formally engaged himself; yet he got some officers to 
come over, and in particular that gallant English gentleman 
sir Jacob Ashly, who had acquired much reputation in the 
Dutch wars : but Ramsay drew much trouble on himself, for, 
being a man of an intemperate tongue, he had talked loosely 
of the court of England to the lord Reay. At this time the 
marquis was in Scotland drawing the soldiers together, and 
having made all ready there, he returned to court, having 
nothing more to do but to kiss his majesty's hand and receive 
his last commands : but there was then at court the lord Ochil- 
tree, a man of a subtle spirit and good parts, had not those 
endowments of his mind been stained with some ill qualities. 
He had acquired some interest in court by the service he did 
the earl of Niddisdale in the matter of the king's revocation 
and the commission of surrenders, (which to explain were too 
long a digression here, and needless to all who understand 
how the rights of the tithes were at that time unsettled in 
Scotland.) His malice against the marquis was hereditary, 
he being the son of captain James Stewart, who in king 



-26. The marquis is cleared by Borihwick. (1631.) 15 

James's minority, when the Hamiltons were groundlessly and 
in a mock-parliament attainted, carried the title of earl of 
Arran, and possessed their fortunes. Lord Reay (upon what 
irritation I know not) alleged to him that Mr. Ramsay had 
told him that the marquis's designs were not upon Germany 
but Britain, and that when this army was once gathered he 
purposed to pretend to the crown of Scotland. This lie was 
so ill told that it could take with none but those whose judg- 
ments were blinded through malice : for as that army was very 
small, and in no manner of capacity to prosecute such a de- 
sign, so it was made up of Scots and English ; and most of 
the officers were persons of whom the marquis had no ac- 
quaintance. Reay alleged likewise the testimony of one Mr. 
Eleazar Borthwick, to whom Mr. Meldrum should have com- 
municated the same design : but this testimony turned to his 
shame, for that person, who was of known integrity, being 
brought from Germany, and examined upon what Meldrum 
had said to him, desired liberty to send his deposition to the 
king sealed, since the particulars were not fit to be publicly 
heard ; to which the king yielding, he sent it. The sum of it 
was, that Meldrum had never communicated any such design 
to him ; that he had indeed spoken abominably of the king 
and court, but all was in his own name ; and that he brought 
no credence with him from the marquis, for his errand to the 1 2 
Swedish court was only to solicit the payment of some arrears 
due to his uncle, who had served that crown ; and he had no 
employment from the marquis, only he got from him letters 
of recommendation for the dispatch of his business, so that 
whatever he said was understood as his own sense, and not as 
a message from the marquis. 
26 Reay also alleged the testimony of lieutenant colonel Lindsay 
for a great part of that he charged on Ramsay. This Lindsay 
indeed was a brave gentleman, and Reay's lieutenant colonel, 
but was killed two or three months before Reay met with 
Ochiltree at London. He was in New Brandenburg, with other 
Swedish officers, when Tilly took it in, and all Reay's regi- 
ment was cut to pieces except a very few ; which turned to 
his eternal disgrace, who in such a hot time of action left his 
command to come over to England and forge lies : and after 
that, Reay was in no esteem neither with Scots nor Swedes, 



16 Weston carries the accusation to the king, I. 26- 

and irrecoverably lost himself in the king of Sweden's opinion. 
But Reay kept himself from charging any thing on the mar- 
quis, fixing all he said on Ramsay ; which caution was not ob- 
served by Ochiltree, who drew a representation of the mar- 
quis's interest in Scotland to shew what probabilities might 
be of such a design, and reckoned up all his kindred and allies, 
by which he drew in most of the nobility of Scotland, and so 
fastened suspicions on them all ; a madness only incident to 
those of Bedlam, to which his malice drove him though he was 
no fool. 

27 With this account of Reay's and his own he went to the 
lord Weston, then treasurer of England, and personating great 
zeal for the safety of king and kingdoms, revealed this alleged 
treason to him ; adding, that it was probable, all things being 
now ready to be put in execution, that the marquis upon his 
return, to put things in the more fearful disorder, might (if 
admitted to wait in the king's bedchamber) murder him. This 
was a calumny than which hell could not have forged a fouler; 
for lord Ochiltree judged that this would have infallibly pro- 
duced one of two effects ; either raised such a jealousy in the 
king's thoughts as to have quite ruined the marquis, since few 
princes are proof against such whispers ; or at least it would 
have stopped his voyage for a while, till he were tried ; and the 
smallest delay in that would have scattered his soldiers; so 
that this design failing, in which his honour was now so far 
engaged, a stain should lie on him through all Europe. Lord 
Weston carried this story to the king, whether provoked to it 
out of hatred to the marquis, or moved from his zeal and duty 
to the king, shall not be determined ; though the last was pre- 
tended by him, and in many of his letters to the marquis, when 
he was in Germany, he expressed much friendship for him. 

28 But his majesty knew the marquis too well, and understood 
all his motions and the progress of this affair too exactly, to 
give any credit to this forgery : and indeed he rejected listening 
to it in terms so full of affection for the marquis as discovered 
he was incapable of any jealousy either of him or any of his 
actions ; neither would he hearken to those who only desired 
that upon his return he might not be admitted to his presence, 
at least not to lie in his bedchamber. Within a very little 
while the marquis came to court, utterly ignorant of the 



-28 who gives it no good hearing. (1631.) 17 

* execrable designs of his adversaries : his majesty welcomed 
him with an air of kindness beyond what he ordinarily gave 
him, and drawing him apart, immediately told him all that 13 
villainous story which had been whispered against him. The 
confusion this raised in his thoughts was unspeakable, being 
amazed to find himself so horribly misrepresented, knowing 
his heart to be full of duty and affection to his sovereign ; he 
wondered how malice could be so impudent, as at a time 
when he was hazarding life, honour, friends, and fortune for 
the king's service, to fasten such a devilish gloss on his 
actions : but this surprise was overcome with a greater, when 
he saw his majesty, with an unheard of and truly royal gene- 
rosity, express his confidence to him in such obliging terms, as 
scarce to allow him to speak in his own justification ; which 
seeming to insinuate he thought he needed to be vindicated, 
the marquis begged he might be presently tried, and offered 
himself to restraint till he were cleared. But his majesty 
would not hear of that ; on the contrary, commanded him to 
lie in the bedchamber that night; and he expressed his con- 
fidence and kindness for him in such a strain both of behaviour 
and discourse, that the marquis frequently said he looked on 
the kindness of that night as that which obliged him more 
than all the other public testimonies of the king's favour and 
bounty he ever met with ; for his majesty embraced him with 
such tender affection, that he had been a monster of ingrati- 
tude if he had been ever capable of forgetting it : and indeed 
the marquis used to say, that never were his resentments for 
any usage he afterwards met with so great, but the remem- 
brance of that night stifled them quite ; and it must be con- 
fessed to be a passage without example in history since the 
days of the conquering king of Macedon. But the marquis 
was not able to lie under such terrible imputations, wherefore 
he pressed that Ochiltree might be put to it to prove what he 
had alleged : but all he offered against Ramsay was only a 
presumption, which Ramsay denied and Reay affirmed; so 
that they were both put under bail, and nothing appeared 
that did touch the marquis : for though Ramsay had been as 
guilty as the lord Reay called him, that left no imputation on 
him, since none can be made answerable for those they employ, 
unless it appear that they followed the instructions given 
Hamilton. c 



18 Reay and Ramsay desired a combat. I. 28— 

them. So the marquis was despatched to Germany. Lord 
Ochiltree had charged the marquis with treason, and failing 
so totally in his probation was sent down to Scotland to be 
tried, where he had a legal and free trial for his false charge 
before the justice general, and such assessors as were appointed 
to sit with him by the privy council : and had the marquis 
repaid him in his own coin, he could not have escaped capital 
punishment; but he was satisfied with his own justification, 
and such a censure put on the calumniator as might deter 
others from the like attempts ; wherefore he was condemned 
to perpetual imprisonment in Blackness castle ; and he con- 
tinued there for twenty years. But that all this matter may 
be ended at once, ten years after this, when his majesty was 
in Scotland, in the year 1641, the marquis was prevailed on, 
by the addresses Ochiltree made to him, to procure his liberty 
from the king, which he was to have done ; but at that time 
one captain Stewart, who had married his daughter, was 
amongst these who discovered the alleged plot, commonly 
called the incident ; (whereof an account shall be given in its 
due place;) and this bound up the marquis from interposing 
for Ochiltree's liberty, lest it should have been supposed that 
he had done it as a kindness to his son-in-law for that dis- 
covery ; which might have raised some jealousies. 
29 As for the lord Reay and Mr. Ramsay, they continued the J 4 
one positively affirming, the other as confidently denying what 
was alleged ; but in the whole progress of the trial the king 
expressed that concernment in the marquis, that he seemed 
earnest even to have Ramsay vindicated. Ramsay carried 
himself very fiercely in the pursuit ; at length both of them 
desired to be judged by the martial court, and that they might 
be permitted a combat. Ramsay was the more eager in that, 
but though Reay did not decline it, yet he was not so forward 
as the other. It seems needless to give a relation of the 
particular procedure of this affair, though another, to swell 
up his volume with impertinent stories, hath at length set 
down the journal of the proceedings of the martial court, with 
no other design but to heap the more envy on the marquis, 
which he usually doth with as much ignorance as malice. All 
the account to be added shall be in the words of one against 
whom there can be no exception : I shall therefore set down 



— 3 1 His majesty *s letter about that affair. (1631.) 19 

his majesty's letter to the marquis upon the conclusion of this 
matter, which is taken from the original. 

3° James, 

Since you went I have not written to you of Mackay's business, 
because I neither desire to prophesy nor write half news ; but now 
seeing (by the grace of God) what shall be the end of it, I have 
thought fit to be the first advertiser of it to you. I doubt not but 
you have heard, that (after long seeking of proofs for clearing the 
business as much as could be, and formalities which could not be 
eschewed) the combat was awarded, day set, weapons appointed : 
but having seen and considered all that can be said on either side, 
as likewise the carriage of both the men, upon mature deliberation 
I have resolved not to suffer them to fight ; because first, for Mackay, 
he hath failed so much in his circumstantial probations, especially con- 
cerning Muschamp, upon whom he built as a chief witness, that nobody 
now is any way satisfied with his accusations ; then, for David Ramsay, 
though we cannot condemn him for that that is not, yet he hath so 
much and so often offended by his violent tongue, that we can no 
ways think him innocent, though not that way guilty whereof he 
is accused : wherefore 1 have commanded the court shall be dis- 
missed, and combat discharged, with a declaration to this purpose, 
that though upon want of good proof the combat was necessarily 
awarded, yet upon the whole matter I am fully satisfied that there 
was no such treason as Mackay had fancied ; and for David Ramsay, 
though we must clear him of that treason in particular, yet not so 
far in the general, but that he might give occasion enough by his 
tongue of great accusation if it had been rightly placed, as by his 
foolish presumptuous carriage did appear. 

This is the substance, and so short, that it is rather a direction 
how to believe others than a narration itself ; one of my chief ends 
being that you may so know David Ramsay, that you may not have 
to do with such a pest as he is, suspecting he may seek to insinuate 
himself to you upon this occasion ; wherefore I must desire you, as 
you love me, to have nothing to do with him. 

To conclude now, I dare say that you shall have no dishonour in 
this business ; and for myself, I am not ashamed that herein I have 
shewed myself to be 

L on don Your faithful friend and loving cousin, 

May 8, 1632. Charles R. 

31 But to return to our story ; the king of Sweden appointed 
general Lesley, afterwards earl of Levin, to wait on the 

c 2 



20 The marquis lands in Germany I. 3T — 

marquis at his landing, which he desired might be at Breme, 
and appointed his agent to deal with the archbishop of Breme 
about it, who was well satisfied, promising him all assist- 
ance : he was also put in hope of the auxiliary forces to be in 
readiness to meet him there ; but seeing no other appearances 
besides words and promises, he did not think it safe to land 
his little army in a country so distant from the Swedish camp, 
when the enemy lay betwixt them, so that he might easily 
have been cut off before they could join ; therefore he resolved 
to sail through the Sound, and land in Pomerania, where none 
lay betwixt him and the king of Sweden. 

32 On the 16th of July he set sail from Yarmouth- Road, which 
was the place appointed for rendezvous, his fleet being about 
forty ships : and on the 27th he came to Elsinore, where he 
went ashore to kiss the king of Denmark's hand, and to 
deliver the king's letters to him for a free passage in case he 
took that course ; from whence he dispatched Pennington to 
his majesty to receive further orders ; to which he had the 
following answer : 

James, 

I could not let colonel Peebles go without telling you that I have 
received your letter of the 25th of July by Pennington. As for my 
resolutions concerning the affairs of Germany, you shall know now 
very shortly (by the grace of God). I have resolved to dispatch 
Henry Vane within ten days at furthest, till which time I thought it 
not amiss (by these lines) to assure you that I neither do nor shall 
forget you ; and then you shall see that I remember you with that 
care and kindness that you may truly expect from 

Your loving friend and cousin, 

8 ^- l63K Charles R. 

33 On the 29th of July he set sail again, and on the 31st came 16 
to the mouth of the Oder, between Voll-Gast and the Isle of 
Usedom, where the Swedes had first landed ; so on the 2nd 
and 3rd of August he landed his forces, which upon muster 
were found to be above six thousand able men. The next day 
they passed over from the island to the continent, and there 
he had a return from the king of Sweden by the messenger 
he had sent to give him notice of his safe arrival. That 
king welcomed these tidings with much joy, and appointed 



— 35 with six thousand men. (1631.) 21 

him to go into Silesia for the reducing of that country, pro- 
mising that the army he was engaged to give for his assistance 
should meet him on his way; and with this he sent him a 
commission to be his general in Silesia. 

34 The fame of this army run through Germany, being re- 
presented to be about twenty thousand men, which struck a 
great terror into the whole imperial party, so high was the 
fame of the Scots' 1 valour : and it was confessed through 
Germany that the marquis's coming at this time was a great 
occasion of the famous victory obtained at Leipsic in the 
beginning of the next month ; for the fame of this made the 
elector of Saxony agree presently with the Swedes, and en- 
couraged the whole protestant party, who now hoped to see 
the assistance of Britain prove more effectual than it had 
been formerly : it also obliged Tilly to leave about six or 
seven thousand more in his garrisons than otherwise he would 
have done, which weakened him much at the next battle. 
But the country they landed in was totally wasted, both by 
the imperial army, which had been led through it in the 
former year, and by the Swedish army, that had lately passed 
it; so that they met nothing before them but vastation, 
plague, and famine. 

35 A little after that, the king of Sweden desired the marquis 
to come to him, and receive orders from himself; so he went, 
and found him on the other side the Elbe, at Werben. That 
king caressed him with the highest expressions of kindness, 
professing extraordinary obligations to him, and acknowledged 
what advantage the very name of his army had already done 
him. The marquis discovered in that noble conqueror an air 
of majesty and courage which could not be equalled, neither 
was his prudence in affairs inferior to his conduct of armies : 
but those rare excellencies were much soiled with unsup- 
portable pride and ambition, which grew with his success to 
an intolerable degree. He pressed the marquis to solicit his 
master earnestly for a more vigorous supply both of men and 
money, and he excused his not sending the forces he had 
promised to meet him, since his design was presently to give 
Tilly battle, so that he could not weaken his army ; but he bade 
him levy what Germans he could, whose pay the king of 
Sweden said he should advance ; and so he sent him away to 



#2 The marquis relieves Crossen and takes Geben ; I. $6— 

keep Custrin, Frankfort, and Lansberg, and other passes on 
the Oder, for his retreat, in case he were beaten. 

36 Whereupon the marquis marched with his army from Stetin 
up to Frankfort, but the famine was so great in this wasted 
country that it was scarce possible for them to subsist. The 
plague was also at Frankfort, which broke in upon their army 
so hotly, that in a few days it swept away above a third part of 
them, and came so near the marquis himself, that one of his 
pages died of it : yet so tender and so equally divided was his 
care of the soldiers, that notwithstanding all the straits they 
were in, none of them mutinied or complained of him. After 1 y 
the great victory of Leipsic, which altered the whole state of 
Germany, the king of Sweden ordered the marquis to march 
up to Silesia, though two hundred horse and three hundred 
foot were all the auxiliaries he sent him. 

37 At this time the marquis had notice from the governor of 
Crossen, which was a good town in the borders of Silesia in 
the Swede's hands, that they were besieged, and were so weak 
within that they could not hold out long ; whereupon that 
being a place of great importance, the marquis sent Lesley 
with five hundred men for their relief, who no sooner arrived 
but the enemy retired, though they had resolved to assault 
the town that morning ; and went away in such haste, that 
they left a great deal of their baggage behind them, and some 
cannon, which were taken by these of the garrison. And a 
few days after that, the marquis had intelligence that the 
garrison of Guben (a town in Silesia in the emperor's hands) 
was much weakened ; two thousand five hundred soldiers had 
lien in it, but two thousand were drawn out for recruiting the 
imperial army, and five hundred only remained, who, as he 
heard, kept but bad guard ; whereupon he sent Lesley with 
six hundred men to surprise the place : but his intelligence 
proved false, for they kept good watch, and had barred up 
two ports; the third had two drawbridges, and was well 
guarded. But Lesley lay close in the suburbs, expecting the 
letting down of the bridge at next sunrising, for they within 
knew nothing of his being so near them ; so next morning, as 
the bridge was let down, Lesley caused a few horse to come 
for making the port good till the foot should advance. These 
of the town got the port shut on them, yet they kept the 



38 — but is recalled to besiege Magdeburg. (1631.) 23 

bridge; but the foot coming up, after half an hour's sharp 
dispute upon the bridge, they did with hatches cut a hole in 
the port, at which a few of the more resolute entered, and 
opened it for the rest : a great many of the enemy's were 
killed, and about two hundred and fifty soldiers, with four 
captains and some under officers were taken prisoners, who 
took service under the marquis. The taking of this frontier 
town put much courage in his little army, and from this he 
was setting forward to Glogow, the second town of Silesia, 
with good hopes of carrying it : but as he was to march he 
received letters from the Swedish king, telling him that by his 
agreement with the duke of Saxony that elector had under- 
taken to reduce Silesia ; wherefore he appointed the marquis 
to follow him into the lower Saxony. The marquis regrated 
extremely, that after he had marched so many days through 
a desert country, and was now come to a plentiful one, where 
there were fair hopes of good success, he should be presently 
called back into those barren and wasted fields. But he 
began to find the king of Sweden was blown up with success, 
and neglected those he had formerly caressed ; and Silesia 
being united to the crown of Bohemia, he understood that the 
king of Sweden would never trust him in any country where 
the king of Bohemia had interest. He once thought of 
going forward at all adventures, but the king of Sweden had 
ordered his garrisons in that country to acknowledge him no 
more ; so he was forced to return to Custrin, and there he 
got orders to come and besiege Magdeburg. 
38 His army was strangely diminished, for he was forced to 
leave a thousand behind him with the plague upon them, 
and about another thousand were divided in garrisons, and 
so he had but a thousand and five hundred of his own men, 
and about three thousand German foot whom he had raised; 18 
whereupon, with these and a thousand Swedish horse, he came 
and blocked up Magdeburg, which being the chief town of the 
lower Saxony, had a great garrison of about three thousand 
within it, commanded by one of the counts of Mansfield. That 
great and flourishing city had been besieged and taken by 
Tilly the same year, where the inhabitants were cut down and 
the city burnt all to ashes, except eighty or a hundred houses 
about the great cathedral, by a cruelty which had not been 



24? Sir H. Vane is sent ambassador to Sweden. I. 38 — 

practised by the Goths or Vandals; for neither age nor 
sex was spared, nor was there any cessation till all were 
butchered down : and here it was that Tilly had brought 
together the whole plunder that had been taken in all his 
victories, so that it was full of riches, besides the great im- 
portance of the place. The marquis could have no great 
hopes of carrying it, when they within were almost as strong 
as he was without, for all that Bannier brought to his supply 
made in the whole not seven thousand horse and foot : there 
was no attempting of it by storm, for it could only be carried 
by starving them, so that there were no blows given except 
in two little skirmishes not worth the naming. 
39 At this time the king sent over sir Henry Vane ambassador 
to the king of Sweden, to enter in a league with him, who 
gave the marquis advertisement of his landing from Hamburg, 
and that he was ordered to communicate all his instructions 
to him, and to proceed in every thing according to his advice, 
in particular to espouse all his concernments as the king's 
own; and with this he sent him the following letters from 
his majesty : 

James, 
According to my promise I have dispatched Henry Vane, whom I 
have commanded to impart unto you both his public and private 
instructions ; so that it will be a good excuse for my laziness in 
writing shortly to you, and a testimony to you that your absence 
neither makes me alter nor forget you ; for you may be assured that 
my trust of you is so well grounded, that it lies not in the power of 
any body to alter me from being 

Hampton Court, Your lovm g friend and cousin > 

21 Sept. 1631. Charles R. 

P. S. — As you have begun, so I desire you may continue, in letting 
me hear from you as oft as you have occasion : the last I received 
from you was the 7th of August. 

4 o The other had followed the ambassador. 

James, ] 9 

Just now I have received a letter from you dated the 22nd of 
August, from Stetin, half of which is in cipher, but I am afraid 1 
shall hardly read it, for there is so little distance betwixt the num- 
bers, that it seems but one continued number from the beginning to 
the end of every line, so that I must desire you henceforward to 



-I. 43 The marquis goes to the king of Sweden. ( 1 63 1 ) 25 

distinguish your numbers perfectly : as soon as I have deciphered 
this, you shall have an answer of it from 

Hampton- Court, Your lovm g friend and Cousin > 

25 Sept. 1631. Charles R. 

41 The ambassador desired him to name any place where he 
might come and speak with him before he saw the king of 
Sweden; for he had no mind to begin his treaty till he had spoke 
with him ; and at the same time the king of Sweden desired 
him to come to his camp for a few days, in order to the carrying 
on the treaty, which he knew the British ambassador was 
coming to propose. 

42 Whereupon he left his army under the command of Lesley 
and Bannier, and went to the king of Sweden, whom he found 
at Frankfort on the Main, much blown up with success, so 
that he seemed to make less account of the king's friendship, 
yet he expressed a great desire to finish the agreement ; and 
when he appointed Gustavus Horn to negotiate with the ambas- 
sador, he ordained him to make the marquis umpire of all their 
differences, declaring that he would stand to his decision. 

43 This, which is yet to be seen under his hand and signet, 
was an unusual compliment for that high-spirited king ; but 
the marquis thought not fit to put it to the test, how much of it 
was meant for reality. He pressed the king of Sweden for more 
auxiliaries, but was sent back by him to his army loaded only 
with hopes and fair words. So he came again to Magdeburg 
about the end of December, where he found that they within 
were much straitened, and (as another historian acknowledgeth) 
had Bannier been as forward as the marquis was, the town 
might have been rendered. On Christmas-eve they came to 
a parley, and would have in few days rendered it: but on 
the second day of their treaty they had notice that Papenheim 
was coming with an army to their relief, whereupon the treaty 
broke up, and Bannier would have been retiring. The marquis 
pressed his stay, but he produced his orders to command all 
the Dutch and Swedish forces, and not to hazard an engage- 
ment. This the marquis looked on as a great breach of 
agreement, that any should have command in his army but 
himself; but he must be patient; whereupon he retired to 
Saltsa, two leagues from the city, where he expected duke 
Weimar with five thousand men, and resolved on his arrival 



26 Magdeburg is relieved ly Papenheim. I. 43 — 

to have given Papenheim battle : but Weimar came not, and 
Bannier drew his men yet farther away to Kalbe, a league 
and a half off, and passed the river Sala, pressing the marquis 
to pass with him, so afraid was he of Papenheim ; but the 
marquis sent sir Jacob Ashley to view the pass, who told him 20 
it was so good that he might safely march away in a quarter 
of an hour's warning, in spite of Papenheim and his army, 
upon which he would not stir. Meanwhile Papenheim ad- 
vanced with his army, which he gave out to be ten or twelve 
thousand, though it was only four thousand seven hundred 
men ; but to make the fame of it greater, the purveyors who 
went before him made provision for near thrice so many : his 
men were drawn out of garrisons and brought up in all haste, 
and if Bannier had not been stiff, it had been easy to 
have fought him, and the least foil given him had made 
Magdeburg their own. Papenheim getting to Magdeburg, and 
finding that it could not be kept, marched away with the 
garrison, and every thing worth carrying with them ; but 
when he came out of the town, the marquis and he faced one 
another in a plain betwixt Kalbe and Saltsa, and the marquis, 
though very much weaker than he, yet had a great mind to 
have engaged : but Bannier would not think of it, neither had 
Papenheim any mind to provoke them, and so he marched away. 
Thus duke Weimar's slowness and Bannier's carefulness lost 
them that occasion. After Papenheim was gone, the marquis 
entered Magdeburg, where he found they had left about forty 
piece of cannon, and great store of ammunition, with plenty 
of corns : he stayed there till the beginning of February, that 
the king of Sweden ordered him to lie about Halberstadt, but 
his soldiers were ill-entertained, and those he had levied in 
Germany were pressing for pay, which should have been ad- 
vanced by the king of Sweden; therefore in the middle of 
February he went to that king, who received him with his 
former kindness ; and by other letters from his majesty he 
found he was still so happy as to retain the room he had in 
his heart ; which appeared by the two following he found there 
from his majesty : 
[ James, 

I have received four letters from you almost all together, (to wit, 
of the 23rd of September, of the 8th and 1 4th of October, and of the 



— 45- The king of Sivedetfs unreasonable conditions. (1632.) 27 

11th of November; this last being under Henry Vane's cover,) 
which makes me not let this post go without letting you know of 
the receipt of your letters, having little other thing to write to you 
at this time, because I am taking two or three days to make a full 
dispatch to you and Henry Vane, that you may know the uttermost 
of what you may expect from hence, assuring you that in all these 
conditions you shall still find me to be 

Whitehall, Your lovin g friend and cousin ' 

1 6 December, 1 63 1 . CHARLES R. 

Jambs, 2 i 

You know that I am lazy enough in writing, being willing to find 
excuses to write short letters ; therefore, though I confess that 
at this time I have matter sufficient to fill a long letter, yet in 
earnest (having commanded Henry Vane to acquaint you fully with 
all my resolutions) it were needless to trouble myself with writing 
or you with reading a long letter : therefore I will only say, that 
you will find that I neither mean to forget or break my promises to 
you, and that you will not be unlucky if you have but as good for- 
tune in all your actions as is wished to you by 

31 December"! ,631. Your lovin S friend and C0Usin ' 

Charles R. 

45 But there were great rubs in the treaty with England ; the 
main thing pressed by the ambassador was, that the king of 
Sweden should give the marquis an army, with which, and the 
forces and monies to be sent from England, he should fall in 
on the Palatinate. But the king of Sweden proposed unrea- 
sonable conditions, demanding greater assistance from the 
king of Bohemia than the whole Palatinate could have given 
in its most nourishing condition, and some cities of the Pala- 
tinate to be put into his hands till the wars were ended ; with 
many other hard conditions, almost as severe as these which 
had been proposed by the emperor : so that the marquis did 
clearly perceive Gustavus was beginning to reckon on all 
Germany as his conquest, and that he was to give what laws 
he pleased in it. Thus the ambassador and he were in very 
ill terms, but he continued to use the marquis with great 
civility ; yet he still declined to give him a commission to levy 
a new army, neither would he pay him those sums of money 
he had laid out in his service ; and his chancellor said to him, 
they knew very well he had spent none of his own money, 



28 The army of the marquis is much reduced. I. 46 — 

having gotten 100,000/. from his master. He answered, 
though that were true, he and his master were to reckon, but 
that must not be set to their account. 

46 In April the marquis desired that some order should be 
taken with the remainders of his army till he got a new one, 
for their number at that time could only have made him a 
colonel, but not a general; so they were reduced into two 
regiments, the one of English, and the other of Scots; the 
English were commanded by colonel Bellandin, since made 
lord Bellandin, and the Scots by colonel Hamilton, and they 
were put in duke Wiemar^s army. 

47 The marquis sent over sir Jacob Ashley to give the king ac- 
counts of what passed, who was quickly dispatched back with 
the following letter : 

James, n% 

You did very well to acknowledge to the chancellor of Swede his 
allegation concerning the 100,000/. that he supposed you had from 
me for his master's service ; and so much as you did reply to him 
thereupon was good; but methinks you might have added that, 
that would more plainly have shewed him his error, which is, that 
if his master would not account to you for what I gave you, yet, if 
he will take notice of it that way, it were reason not only that he 
should thank me for it, but also suffer me to put it on his account 
in part of that assistance I am to give him ; but if he will (as he 
ought) stand to his bargain with you, then he must leave you and 
me to reckon together, having nothing to do to inquire particularly 
what passes betwixt us. I need write little more to you at this 
time, the trust and sufficiency of this bearer making it needless, 
only to recommend him to you as you did to me, and to tell you 
freely, that you had done better in my mind if you had reserved 
to him the English regiment when your army was reduced. This I 
write merely of myself, (on my word,) for nobody knows that I do 
this, and I never heard any blame you for it : and for Jacob Ashley 
himself, he is so far from censuring of you, that you need wish to be 
no better than he calls you ; and he solicits your business beyond 
the diligence and industry of a feed lawyer. So, referring myself for 
what else I have to say at this time to him, I rest 

of April \(>vi Your constant loving friend and cousin, 

Charles R. 
P. S. — I hope shortly you will be in a possibility to perform your 



— 49° The king of Sweden is jealous of Mm. (1632.) 29 

promise concerning pictures and statues at Muneken, therefore now 
in earnest do not forget it. 

48 All this summer the marquis followed the king of Sweden 
in the quality of a volunteer, of which he was sufficiently 
weary ; but he found that king was so jealous of him, that he 
was not to expect any trust near or in the Palatinate, where 
he desired most earnestly to be employed, and that he did put 
him daily off; in which the king of Sweden's design was, that 
by his impatience he might be quickened to carry on the treaty 
with England on any terms. But no consideration of his own 
could make him betray his master's service, or drive on pro- 
positions which he judged so dishonourable for him, as were 
those he offered about the Palatinate ; wherefore he wrote to 
his majesty to receive his positive commands what to do. His 
majesty's answer follows : 

49 James, 2 ~ 
I have received three letters from you by James Lesley, about the 

25th of July, all which I assure you have given me very good satis- 
faction, as well for your right understanding of affairs in general, as 
to give me a light how to direct yours in particular, which at this 
time is the only subject of mine. One of two you must choose, 
either to stay or come away. For the first, it were very honourable 
to do (in the timis of action) if you had an employment ; but neither 
having nor likely to have any hereafter, it were dulness, not pa- 
tience, to stay any longer ; yet it is fit to come off handsomely, 
neither shewing impatience nor discontentment, it may be, although 
I think you have cause for both : therefore I have commanded 
Henry Vane to propose a new employment for you, which though I 
think it will not take effect, yet it will shew there is no way un- 
sought for to find you out an employment with the king of Sweden. 
It is that you may be sent into the Palatinate, to assist the French 
with so many men as my contribution will maintain ; which if it 
may be done, they promise me to put the lower Palatinate in my 
hands. This though I do not hold as gospel, yet, if this design 
might be put in practice, it might certainly prove useful to my 
affairs : this being denied, (as I think it will,) you have no more to 
do but to seek a fair excuse to come home, which will be best, in my 
opinion, upon the conclusion of the treaty between Sweden and me ; 
or if any rubs arise, that you might be sent to clear it with me. So 
that upon the whole matter my judgment is, that if you cannot serve 



30 The marquis returns to England. 1-49 — 

me in the Palatinate, (as I have already said,) the best way is, that 
you take the first civil excuse to come home to 

i Auq. 1632 Your loving cousin and faithful friend, 

Charles R. 
P. S. — David Ramsay will (as I imagine) meet with you before you 
come hither, which if he do, I hope you will remember what I have 
said concerning him already. 

5° But at this time Oxenstern demanded a league offensive 
and defensive between the crowns of Britain and Sweden, and 
that the making of peace in Germany should be only in the 
king of Sweden's hands. This varying wholly from the former 
treaty, wherein they had only treated about the affairs of 
Germany, and whereby no peace could be without the king's 24 
consent, the ambassador and he broke up in very ill terms; 
and on the back of this, the marquis pressing the king of 
Sweden to assign him a country for levying a new army, his 
majesty answered him with a new delay : but he told that 
king, that he had been now fifteen months from his own 
country, and though he had been at a vast expense he had 
received nothing in that service, and that his heart was too 
great to be a perpetual volunteer, as he had been these divers 
months past; wherefore he pressed for a present answer. 
The king of Sweden confessed he had reason to be weary, and 
he acknowledged the great obligation he had to him, and that 
he would always look upon him as one of his best friends ; 
but said the blame of all the delays he met with fell on the 
English ambassador, on whom he fell a railing with the 
greatest passion that the marquis had ever seen him in ; and 
in a huffing way pulled the marquis's hat out of his hand, 
and clapped it on his own head, and went stamping up and 
down the room in great rage. The marquis shunned the dis- 
course, since as he could not condemn the ambassador, so he 
would not irritate the king of Sweden by an ill-timed justifi- 
cation of him : but the chief reason of his passion was, that 
many of the princes of Germany were beginning to talk, that 
their deliverer was like to prove a greater tyrant than the 
emperor had ever been, and he suspected the ambassador was 
caballing with them. 

51 But the marquis seeing nothing but delays desired liberty 
to return to England, that he might levy a new army, and 



~54- Death of the king of Sweden. (1632.) 31 

remove any misunderstandings were betwixt his master and 
the king of Sweden. This proposition was so fair that it 
could not be refused ; so on the 8th of September the king 
signed a commission to him for bringing over a new army, 
and gave him instructions for ending the treaty with the 
king; and a little after that he took leave of him, and was 
dismissed by the king of Sweden and all about him with very 
high expressions of friendship, that king telling him that in 
whatsoever place of the world he were, he would ever look 
upon him as one of his own. 

52 As he was returning home he received the following letter 
from the king : 

James, 

I wrote to you in my last to find a pretext to come home, but 

now 1 must tell you } it is not fit to stay any longer where you are ; 

for the impossibility of your employment there, and the necessity of 

your business here, requires your return'; so that at this time I will 

say no more but, Nil mihi rescribas, attamen ipse veni ; for you shall 

be no sooner come than welcome to 

Hampton- Court, Your faithful friend and cousin, 

24 Sept. 1632. 

Charles R. 

53 And thus ended the marquis's expedition into Germany, 
wherein if he missed that success which himself or others had 
expected, it was no miscarriage nor neglect of his own ; nor 25 
could it be said that he had failed in a jot of what he under- 
took, though almost in every particular the king of Sweden 
failed to him ; neither was any thing so much the occasion of 
these neglects he met with in Germany, as the firm affection 
he bore his master's service : yet though this lessened his 
confidence in him, yet it could not but increase his esteem of 
him. It is true, he did not survive this long, to give any ex- 
pressions of it ; for in November next at Lutzen was that 
great and conquering king brought to the end of his days, 
and so all his thoughts and grasping designs did perish with 
him ; only the renown of his never-dying fame survives. 

54 But both Oxenstern and his other counsellors in their ad- 
dresses to the English court, during the minority of their 
young queen, did recommend all their affairs to the marquis, 
as to one of their own nation, with the highest expressions of 
esteem and friendship ; and divers of the electors and princes 



32 The marquis is well received at court : he is present I. 54- 

of Germany were much taken with his converse, having seen 
him in the Swedish camp, and continued their friendship with 
him both by correspondence and presents. 

55 When he returned to court, his reception with the king 
was as affectionate as his parting had been, and he continued 
about his majesty in the highest characters of favour ; but he 
kept himself much out of business, meddling little in Scottish 
affairs, except it had been to procure a particular kindness to 
his friends, in which he was so sparing, that many were dis- 
satisfied with him for it. 

56 Next year the king went into Scotland to receive the crown 
of that his ancient and native kingdom, and held a parliament 
there ; thither did the marquis follow him, assisting at that 
ceremony according to his rank with much joy. But his ex- 
pedition to Germany had involved him and all his friends in 
vast debts ; yet his lease of the customs of the wines was a 
good security, and fully able to free him of that burden, and 
was ratified in that parliament. But the earl of Traquair, 
who was then treasurer-deputy, suggested to the king that 
these customs were the readiest and surest monies that the 
king had, and that the treasury would signify little without 
them : wherefore he moved that some other way might be 
fallen upon for refunding the expense the marquis had been 
at for his army in Germany, that so these customs might 
return to the treasury. All the marquis's friends having got 
a hint of Traquair's proposition, pressed him to oppose it with 
all his interest ; since the security he had was good, and well 
settled on him by law, and any new project could be fallen on 
would neither prove so sure nor so speedy payment. But 
Traquair's proposition pleased the king well, and he moved it 
to the marquis, who without either murmuring or reluctancy 
offered back his lease of the customs of the wines, and sub- 
mitted his whole pretension to the king. 

57 But his majesty was both just and generous, and so would 
not suffer him to be ruined by those burdens which had been 
contracted by his own commands ; wherefore a taxation being 
laid on the country by the parliament for the king's supply, 
together with another imposition of two of the ten, which was 
then the interest of money, the collecting of these was put in 
the marquis's hands till he should be paid all was due to 



— 6o. At the king's coronation in Scotland. (1633.) ^3 

him by his majesty for the expedition to Germany, and for 
some other great sums his majesty was owing, which he un- 
dertook to pay ; and for the rest he was to be accountable to 26 
the treasury, upon which he yielded up his lease of the cus- 
toms of the wines. 

58 In the end of that year his majesty sent down the marquis 
to settle with the several shires and boroughs of Scotland, 
both for the taxation and the two of the ten : and though his 
power in that was full, so that he might have acted singly, 
yet he would do nothing without the consent of the lords 
of the exchequer and session. He spent some months in these 
agreements, and after he had settled with the greatest part 
he returned to his attendance at court, having devolved the 
management of his fortune and private affairs on his friends : 
and thus his fortune was in a few years recovered from the 
burdens it lay under. 

59 A year after that, he was sent down again to examine the 
earl of Morton^ accounts, who was treasurer ; and then he 
gave a new instance of his being against the ingrossing of 
power; for though his trust warranted him to have acted 
singly, yet he carried along with him in all his procedure the 
whole exchequer. 

60 And this is all the meddling that (for ought I find) he had 
in public affairs till the year 1638. 



Hamilton. 



MEMOIRS *7 



OP THE 



LIFE AND ACTIONS 



OF 



JAMES DUKE OF HAMILTON. 



BOOK II. 

Of what passed while the marquis was commissioner in Scotland 
in the years 1638 and 1639. 

JrilTHERTO the course of the marquis's life had been 
more easy and serene, but henceforth we shall find it a 
tract of clouds and storms ; for now he came to engage in a 
disorderly affair, if ever any was : he found it troubled, but 
had no hand in the occasions of these confusions, having ab- 
stracted himself from public affairs for divers years, meddling 
no further than in giving general advices when called for ; 
and so far had he been from engaging himself in any designs, 
that at his entry upon business there was neither privy-coun- 
cillor, officer of state, nor lord of the session, of his recommend- 
ing, or that depended on him, the justice-clerk only excepted. 
2 But because this year gave rise to those dismal troubles, 
whose tragical catastrophe we have all felt so sensibly, and 
since the affairs of Scotland were wholly and only trusted to the 
marquis's conduct for this year, the account of it shall be 
enlarged, perhaps to tediousness ; but it is hoped that the im- 
portance of the narration shall more than compensate the 
pain of its length. And this is the more necessary, because 
the marquis's actions this year are generally so little known 
and so ill represented ; besides, that great encouragement is 



-II. i~5- Summary of church affairs .(1638.) 35 

offered from the copious and authentic materials yet extant 
for composing of this narration. But to give a clearer pro- 
spect of the state of things before his negotiation, an account 
must be given of the rise and occasion of this year's disor- 28 
ders, and of the state in which he found matters at his first 
engagement. 

3 What is here to be said as a requisite introduction to these 
transactions is indeed out of the road, and not made out by 
his papers ; but the discourse will be grateful, it is presumed, 
to those who have not had a true, full, and clear information 
of the particular passages of these times : whereof though 
some have attempted to give the world an account, yet none 
(for aught I know) hath done it upon knowledge or authentic 
information, as what is here said of these matters shall be. 

4 It is well known that in Scotland the first reformation from 
the corruptions of popery was popular, without the con- 
currence or allowance of supreme authority, though the no- 
bility for the most part joined in it ; and the preachers being 
the chief actors and prosecutors of it, came to have great power 
over the people and interest with the nobility. 

5 It continued thus during king James's minority ; but no 
sooner came he to assume the government and to consider the 
state of the kingdom, than he found the power the ministers 
had with the people was swelled to such insolence, that it was 
more than necessary to limit it to its just bounds : for nothing 
passed in the court or council but their pulpits did ring with 
it, and no favour was shewed to any that were popishly 
affected, but jealousies were infused into the minds of the 
people, as if religion had been in hazard ; and the people be- 
ing then in their first fervours against popery, were apt to 
take those alarms pretty hot ; neither did the king cherish 
any who was not devoted to them, but they did represent him 
a favourer of popery. They also held opinions which savoured 
too much of that church which was so odious to them, con- 
cerning the power of their assemblies, and their not being 
accountable for what they preached, how treasonable soever, 
till it were first judged by the church- judicatory; where all 
such things were sure of a mild censure, to say no worse : 
divers other tenets they held which were judged inconsistent 
with good government. But many of them being popular 

d2 



36 Episcopacy introduced in Scotland by king James. II. 5— 

preachers, arid of insinuative tempers, they were much de- 
pended upon by the people, who looked on all their excesses 
as holy zeal. 

6 King James bent all his thoughts to the regulating of this, 
and judging that the only course to effectuate it was to have 
some few of greater temper and discretion to be set over 
the rest, he studied by all means to get episcopacy introduced 
in Scotland; promising himself by that means an infallible 
remedy of all these evils, of which he was extremely sensible, 
though his great gentleness made him very slow in punishing 
them : but they foreseeing well the king's intentions, and the 
effects they might produce, did as cautiously resist all his 
attempts that way. 

7 I shall not tell what endeavours that wise and peaceable king 
used for compassing of his designs, nor with what hinderances 
they were obstructed : but no sooner was he happily settled 
on the throne of England but he went more roundly to work ; 
and yet it was not without opposition that he got episcopacy 
settled and ratified in parliament, anno 16 12. But though 
great art was used to get assemblies framed to the king's 
designs, he could never compass it. 

8 Episcopacy being settled, king James also erected a high 29 
commission court for punishing such as offended against that 
constitution of the church. This court was made up of bishops, 
and other noblemen and gentlemen; but the bishops being 
those who kept the diets of it best, most of the secular per- 
sons absenting themselves often on design, and the bishops 
leading all matters in it, it was counted their court, and the 
odium of all that passed there fell to their share. 

9 This step being made, king James advanced towards an 
uniformity with England, in worship and other ceremonies ; 
moved to it either that he might thereby make way for the union 
of both kingdoms, which of all things he most desired, or that 
he might root the seeds of puritanism out of Scotland. But 
in this he met greater opposition, and all the progress he 
made in it was, that in one assembly it was decreed there 
should be a liturgy drawn for the use of the church of Scotland ; 
and in another at Perth the five articles, that bore the name 
of that place, were settled not without great contradiction : 
and these were, the confirmation of children ; private baptism ; 



-ii. He dies, and is succeeded by his son. (1638.) 37 

private communion in cases of necessity ; kneeling in communi- 
cating ; the observation of the holy days of the nativity, passion, 
resurrection, ascension, and pentecost. Those were also esta- 
blished in parliament, anno 1621, where the marquis's father 
was commissioner, and managed that affair so dexterously, 
that it gained him an equal share of esteem and hatred, these 
things being generally very odious. As king James was going 
on warily in this design, he died, lamented and admired by all 
the world ; and even those who had irritated him most when 
alive, did bewail his death with deep and just regrets. 

10 He was succeeded in his throne by his only son Charles the 
First, who was zealously conscientious for episcopacy ; so what 
his father began out of policy was prosecuted by him out of 
conscience. The bishops therefore were cherished by him 
with all imaginable expressions of kindness and confidence, 
but they lost all their esteem with the people, and that upon 
divers accounts. The people of Scotland had drunk in a deep 
prejudice against every thing that savoured of popery ; this the 
bishops judged was too high, and therefore took all means 
possible to lessen it, both in sermons and discourses, mollifying 
their opinions and commending their persons, not without 
some reflections on the reformers. But this was so far from 
gaining their design, that it abated nothing of the zeal was 
against popery, but very much heightened the rage against 
themselves, as favouring it too much. 

11 There were also subtle questions started some years before 
in Holland about predestination and grace ; and Arminius's 
opinion, as it was condemned in a synod at Dort, so was 
generally ill reported of in all reformed churches, and nowhere 
worse than in Scotland : but most of the bishops and their 
adherents undertook openly and zealously the defence of these 
tenets. Likewise the Scottish ministers and people had ever 
a great respect to the Lord's day, and generally the morality 
of it is reckoned an article of faith among them : but the 
bishops not only undertook to beat down this opinion, but by 
their practices expressed their neglect of that day ; and after 
all this they declared themselves avowed zealots for the liturgy 
and ceremonies of England, which were held by the zealous 
of Scotland all one with popery. Upon these accounts it 
was that they lost all their esteem with the people. 



38 Prejudice aqainst the hisliops. II. 12 



12 Neither stood they in better terms with the nobility, who 3° 
at that time were as considerable as ever Scotland saw them ; 
and so proved both more sensible of injuries and more capable 
of resenting them. They were offended with them, because 
they seemed to have more interest with the king than them- 
selves had, so that favours were mainly distributed by their 
recommendation : they were also upon all affairs : nine of 
them were privy councillors, divers of them were of the 
exchequer, Spottiswood archbishop of St. Andrew's was made 
chancellor, and Maxwell bishop of Ross was fair for the 
treasury, and engaged in a high rivalry with the earl of 
Traquair, then treasurer, which tended not a little to help 
forward their ruin. And besides this, they began to pretend 
highly to the tithes and impropriations, and had gotten one 
Learmonth a minister presented abbot of Lindoris, and seemed 
confident to get that state of abbots, with all the revenue and 
power belonging to it, again restored into the hands of church- 
men ; designing also, that according to the first institution of 
the college of justice, the half of them should be churchmen. 
This could not but touch many of the nobility in the quick, 
who were too large sharers in the patrimony of the church 
not to be very sensible of it. 

13 They were no less hateful to the ministry because of their 
pride, which was cried out upon as unsupportable. Great 
complaints were also generally made of simoniacal pactions 
with their servants, which was imputed to the masters as if it 
had been for their advantage, at least by their allowance. 
They also exacted a new oath of intrants, (besides what was 
in the act of parliament for obedience to their ordinary,) in 
which they were obliged to obey the articles of Perth, and 
submit to the liturgy and canons. They were also making 
daily inroads upon their jurisdiction, of which the ministers 
were very sensible ; and universally their great rigour against 
any that savoured of puritanism, together with their meddling 
in all secular affairs, and relinquishing their dioceses to wait 
on the court and council, made them the objects of all 
men's fury. 

14 But that which heightened all to a crisis was, their advising 
the king to introduce some innovations in the church by his 
own authority ; things had prospered so ill in general assem- 



-17. The liturgy is appointed for Scotland. (1638.) 39 

blies, that they thought of these no more. And in the 
parliament 1633, that small addition to the prerogative, that 
the king might appoint what habits he pleased to the clergy, 
met with vigorous opposition, notwithstanding the king seemed 
much concerned for it ; those who opposed it being sharply 
taken up and much neglected by his majesty, which stuck 
deep in their hearts, the bishops bearing all the blame of it. 

15 At this time a liturgy was drawn for Scotland, or rather 
the English reprinted with that title, save that it had some 
alterations which rendered it more invidious and less satis- 
factory ; and after long consulting about it and another book 
of canons, they were at length agreed to, that the one should 
be the form of the Scotch worship, and the other the model 
of their government, which did totally vary from their former 
practices and constitutions : and as if all things had conspired 
to carry on their ruin, the bishops not satisfied with the 
general high commission court, produced warrants from the 
king for setting up such commissions in their several 
dioceses, in which with other assessors, ministers, and gen- 
tlemen, all of their own nomination, they might punish 
offenders. 

*6 That was put in practice only by the bishop of Galloway, 3 1 
who though he was a pious and learned man, yet was fiery 
and passionate, and went so roundly to work, that it was cried 
out upon as a yoke and bondage which the nation was not 
able to bear. 

17 And after all this the king (advised by the bishops) com- 
manded the service-book to be received through Scotland, and 
to be read according to the new book at Edinburgh on Easter- 
day in the year 1637, yet by the council it was delayed till the 
23 rd of July : but then it met with a tumult from women and 
the meaner sort of people, whom though none owned in that 
attempt, yet there wanted not enough who suspected them to 
have been set on by others. However, certain it was, that the 
constant discourse of the discontented ministers and noblemen 
was, that popery was to be introduced, and liberties like to 
be destroyed, and the bishops to blame for all. By such 
insinuations it was that the people were animated unto an 
unparalleled fury, so that they threw stools at the dean of 
Edinburgh when he began to read the service, and interrupted 



40 Tumult at reading Divine Service. II. 17— 

it often, notwithstanding all the means used* by the lords of 
council and magistrates of Edinburgh to hinder it. The lords 
of council, as they complained to the king of this disorder, so 
they spared not to lay the greatest blame of it upon the 
bishops, which appears from the following letter written by 
the earl of Traquair to the marquis. 

jg My noble Lord, 

At the meeting of the council here at Edinburgh the 23 rd of this 
instant, we found so much appearance of trouble and stir like to be 
amongst people of all qualities and degrees, upon the urging of this new 
service-book, that we durst no longer forbear to acquaint his majesty 
therewith, and humbly to represent both our fears and our opinions 
how to prevent the danger, at least our opinions of the way we would 
wish his majesty should keep therein, or before he determine what 
course to take for pacifying of the present stir, or establishing of the 
service-book hereafter ; wherein all I will presume to add to what 
the council hath written, is, to entreat your lordship to recommend to 
his majesty, that if he be pleased to call to himself any of the clergy, 
he would make choice of some of them of the wisest and most calm 
dispositions ; for certainly some of the leading men amongst them 
are so violent and forward, and many times without ground or true 
judgment, that their want of right understanding how to compass 
business of this nature and weight does often breed us many diffi- 
culties, and their rash and foolish expressions, and sometimes attempts, 
both in private and public, have bred such a fear and jealousy in the 
hearts of many, that I am confident if his majesty were rightly in- 
formed thereof, he would blame them, and justly think that from this 
and the like proceedings arises the ground of many mistakes amongst 
us. They complain that the former ages have taken from them many 
of their rents, have robbed them of their power and jurisdiction, and 
even in the church itself and form of God's worship have brought in 
some things that require reformation : but as the deeds of these 
times, at least the beginnings thereof, were full of notour and tu- 
multuary disorder, so shall I never think it will prove for the good 
either of God's service or the king's, by the same ways, or manner of 
dealing, to press to rectify what was then done amiss. We have 
a wise and judicious master, who will (nor can) urge nothing in this 
poor kingdom which may not be brought to pass to his contentment : 
and I am most confident if he shall be graciously pleased to hear his o 2 
faithful servants inform him of the truth, he shall direct that which 
is just and right ; and with the same assurance I dare promise him 



-20. Traquair s letter on the subject. (1638.) 41 

obedience. The interest your lordship has in this poor kingdom, 
but more particularly the duty you owe to his majesty, and the true 
respect I know you have ever carried to his majesty's honour and 
the good of his service, makes me thus bold to acquaint your lordship 
with this business, which in good faith is by the folly and mis- 
government of some of our clergymen come to that height, that the 
like has not been seen in this kingdom of a long time. But I hope 
your lordship will take in good part my true meaning, and ever con- 
struct favourably the actions of 
Edinburgh Your loving faithful friend and humble servant, 

Aug. 27. Traquair. 

19 After all inquiry was made, it did not at all appear that any 
above the meaner sort were accessory to that tumult, the 
sequel whereof in the afternoon had almost been tragical, not 
only to the bishop of Edinburgh, but to the earl of Eoxburgh, 
for having him in his coach. But his majesty, though he was 
willing to be gentle to the transgressors, yet continued firm 
to his former resolutions, of having the liturgy and book of 
canons established. In October thereafter a new tumult 
fell out in Edinburgh against the earl of Traquair and some 
of the bishops, whom the people in their fury went about to 
have killed: upon which, by proclamation, the council and 
session and other courts were removed from Edinburgh. 

20 Hereupon the earl of Eoxburgh, who was then lord privy - 
seal, went to court to give the king an account of affairs ; for 
all this time divers had petitioned the council against these 
books, complaining they were contrary to religion in the 
matter of them, and the laws of the land in the manner of 
bringing them in : but all he could procure was a pardon for 
what was past, to such as should thenceforth live quietly, and 
that was proclaimed in December, but was far from giving 
satisfaction ; for by this time the malecontents w r ere become 
considerable, and had formed themselves into a body. 

21 It was also studiously infused in the minds of all through 
Scotland, that the bishops were introducing popery, that many 
points of popery were in these books, and that the whole of 
them was both superstitious and illegal. This took mightily 
with the vulgar, and the malecontented ministers began every- 
where to talk high in their pulpits against the bishops ; they 
also formed themselves into a body called the table, where 



4$ The presbyterians swear the covenant II. 21 — 

there were deputies from the shires and boroughs, and a great 
many noblemen and ministers. 

22 That which they pretended was the security of religion, 
with the preserving the fundamental laws and liberties of the 
land, the honour of the king, and the defence of his authority : 
and for this end it was judged fit and necessary to renew the 
covenant made in king James's time against popery, and 
signed by that king with his council and family ; which, ac- 
cording to the new draught, was made up first of king James's 
covenant, next of a long narrative of all acts of parliament 
whereby the reformed religion was ratified ; thirdly, of an ad- 
dition wherein the late innovations were sworn against, till 33 
they were judged in a free general assembly, and declared also 
to be abjured in the old covenant, as formally as if they had 
been expressly named in it, and all ended with a bond of defence 
for adhering to one another in pursuing the ends of the cove- 
nant. This was no sooner moved, but the advice took as if it 
had been an oracle; so the covenant was sworn, first at 
Edinburgh in the month of February, and then sent every- 
where through the country to get the example of those in 
Edinburgh imitated ; which was accordingly done, not without 
great appearances of devotion among all sorts of people, they 
pretending it was nothing but the preservation and purity of 
religion they aimed at. 

23 For the covenant, I judge it needless to insert it here, both 
because of its length, and that it is in the large manifesto of 
the affairs of this year published in his majesty's name : and 
therefore, that book being both common and of great author- 
ity, I do not insert papers at their length that are to be 
found there, and shall only add, that the originals, and other 
authentic justifications of that declaration, are in my hands. 

24 The session or term was held that winter at Sterling, but 
the council sat often at Dalkeith within four miles of Edin- 
burgh ; which being then so full of people, it was not judged 
fit for the council to withdraw too far from it. Petitions 
were often offered to the council, encouraged from the table, 
full of complaints against the bishops and the late innova- 
tions; but they were as often rejected. Upon this 'the earl 
of Traquair went to court, and gave a full account both of 
the petitions, the humours, and the strength of the male- 



-26. for the security of religion. (1638.) 43 

contents ; and that all was occasioned by the bishops' mis- 
government, and by the introducing the lately authorized 
books, with which scarce a member of the council (the 
bishops only excepted) was well satisfied; neither were all 
these cordially for them, for the archbishop of St. Andrew's 
from the beginning had withstood these designs, foreseeing 
how full of danger the executing of them might prove. The 
archbishop of Glasgow was worse pleased ; but the bishops 
of Ross, Dumblane, Brechin, and Galloway were^the great 
advancers of them. Traquair represented also that the 
body of all Scotland was staggering, if not wholly alienated 
from their duty to the king, and that nothing could recover 
them out of this distemper, but assurances of his majesty's 
affection to the protestant religion, and of his aversion from 
popery, together with the laying aside of these books, at least 
till better times. At this time also the covenanting lords 
wrote to the duke of Lenox, the marquis of Hamilton, and 
the earl of Morton, who were then at court, representing 
their grievances, and desiring they would offer their petition 
to his majesty, which was humble enough, though full of 
complaints against these books; desiring they might be 
heard to object against them, offering under the highest 
pains to prove they contained things both contrary to 
religion and the laws of the land. 

25 But all the earl of Traquair said was suspected, his pre- 
judices against the bishops being known. The opposition he 
had made the bishops had rendered him hitherto very popular 
in Scotland, and there want not grounds to suspect him a 
secret worker in this opposition to these books, though he 
seems to have been far from cherishing any further designs. 

26 All he could procure from the king was a proclamation, 34 
giving assurance of his majesty's firmness to the protestant 
religion, and that great care was used in drawing the liturgy ; 

so that not only it was not contrary to, but would prove a 
ready mean to preserve, the true religion already received, 
and beat down all superstition. Withal the king considering 
the disorderly conventions had been to form petitions against 
these books, though they deserved a high censure ; yet his 
majesty willing to impute that rather to a preposterous zeal 
than to any disloyalty, therefore dispensed with them to all 



44 Instructions to the justice- clerk concerning II. 26- 

such as should thenceforth retire, and return to their obedi- 
ence, whereupon these conventions were in all time coming 
discharged under pain of treason. 

27 This was proclaimed at Sterling the nineteenth of Febru- 
ary, but was so far from giving satisfaction, that it proved 
a crisis to greater confusion ; for it met with a protestation 
as it was proclaimed, sent from those of the tables, who 
notwithstanding continued to sit in that junto. An answer 
also came from the duke of Lennox, and the other lords at 
court, directed only to three of the lords of the covenant in 
Scotland, the earls of Rothes, Cassils, and Montrose, wherein 
they wrote, that they had communicated their desires to his 
majesty, who answered, that as hitherto he had received all 
the petitions they had offered to the council, so he had con- 
sidered them, and would declare his royal intentions about 
them. The combustions continuing and growing, the council 
appointed a solemn meeting to be the first of March at 
Sterling, for a full examining of things, that they might send 
their joint advices to court. This was likewise agreed to by 
the lord chancellor, who was then at Edinburgh, and under- 
took for himself and the rest of the clergy that were of the 
council to keep that appointment. The first of March came, 
but none of the clergy kept the day (the lord bishop of Bre- 
chin only excepted) : an excuse came from the lord chancellor; 
but the necessity of affairs pressed the lords of the council to 
go on : they continued four days consulting and debating 
about things, but after the third day bishop Brechin left 
them, seeing in what determinations they were likely to close. 
The issue of their consulting was to send sir John Hamilton, 
the justice-clerk, to the king with instructions, which follow, 
as they are taken from the original yet extant. 

28 Instructions from his majesty's council to the lord justice-clerk, 

whom they have ordained to go to court for his majesty's 
service. 

In the first place you are to receive from the clerk of the council 
all the acts passed since our meeting upon the first of March instant. 

Item, You have to represent to his majesty, that the diet of 
council was appointed to be solemnly kept, by the advice of the 
lord chancellor, and remnant lords of the clergy, being at Edinburgh 



■28. the rise and remedies of the tumults. (1638.) 45 

for the time, who assured us, that they should keep the diet pre- 35 
cisely ; but at our meeting at Sterling we received a letter of 
excuse from the lord chancellor, which forced us to proceed without 
his lordship's presence, or any others of the lords of the clergy, 
except the bishop of Brechin, who attended us three days, but 
removed before the closing of our opinions anent the business. 

Item, That immediately after we had resolved to direct you with 
a letter of trust to his majesty, we did send our letter to the lord 
chancellor, acquainting him with our proceedings, and desiring him 
to consider thereof, and if he approved the same to sign them, and 
to cause the remnant lords of the clergy nearest unto him, and 
namely the bishop of Brechin, who was an ear and eyewitness 
to our consultations, to sign the same, and by their letter to his 
majesty to signify their approbation thereof 3 or if his lordship did 
find some other way more convenient for his majesty's honour and 
the peace of the country, that his lordship by his letter to the lord 
treasurer, or privy-seal, would acquaint them therewith, to the 
effect they might convene the council for consulting thereabout. 

Item, That you shew his majesty, that his majesty's council all in 
one voice finds, that the causes of the general combustions in the 
country are the fears apprehended of innovation of religion and 
discipline of the kirk (established by the laws of the kingdom) by 
occasion of the service-book, book of canons, and high- commission, 
and from the introduction thereof, contrary to or without warrant 
of the laws of the kingdom. 

Item, You are to represent to his majesty our humble opinion, 
that seeing, as we conceive, the service-book, book of canons, and 
high-commission, (as it is set down,) are the occasion of this com- 
bustion, and that the subjects offer themselves, upon peril of their 
lives and fortunes, to clear that the said service-book and others 
aforesaid contain divers points contrary to the religion presently 
professed, and laws of the kingdom, in matter and manner of intro- 
duction ; that the lords think it expedient, that it be represented to 
his majesty's gracious consideration, if his majesty may be pleased 
to declare, as an act of his singular justice, that he will take trial of 
his subjects' grievances, and the reasons thereof, in his own time, 
and in his own way, according to the laws of this kingdom ; and 
that his majesty may be pleased graciously to declare, that in the 
mean time he will not press nor urge his subjects therewith, not- 
withstanding any act or warrant made in the contrary. 

And in case his majesty shall he graciously pleased to approve 
of our humble opinions, you are thereafter to represent to his 



46 Traquair and Roxburgh II. 28— 

majesty's gracious and wise consideration, if it shall not be fitting 
to consult his majesty's council, or some such of them as he shall 
be pleased to call to himself, or allow to be sent from the table, 
both about the time and way of doing of it. 

And if his majesty (as God forbid) shall dislike of what we have 
conceived most conducing to his majesty's service and peace of the 
kingdom, you are to urge by all the arguments you can that his 
majesty do not determine upon any other course, until some at least 
of his council from this be heard to give the reasons of their 
opinions ; and in this case you are likewise to represent to his 
majesty's consideration, if it shall not be fitting and necessary to 
call for his informers, together with some of his council, that in his 
own presence he may hear the reasons of both informations fully 
debated. 

You shall likewise shew his majesty, that his council having 
taken to their consideration what further was to be done for com- 
posing and settling of the present combustion within the kingdom, 36 
and dissipating of the convocations and gatherings within the same, 
seeing proclamations are already made and published, discharging 
all such convocations and unlawful meetings, the lords after de- 
bating find they can do no further than is already done herein, 
until his majesty's pleasure be returned to this our humble remon- 
strance. 

Signed, 

Traquair. Lauderdale. Napier. 

Roxburgh. Southesk. J. Hay. 

Winton. Angus, Tho. Hope. 

Perth. Lorn. Ja. Carmichael. 

Wigton. Down. W. Elphinston. 

Kinghorn. Elphinston. 

29 These instructions being afterwards transmitted to the 
lords of the clergy, were returned signed as follows : 

St. Andrews. Tho. Gallovid. 

Da. Edin. Wal. Brechinen. 

Jo. Dumblanen. 

30 This was seconded by a private letter to the king, signed 
by Traquair and Roxburgh, which follows copied from the 
original. 

Most sacred Sovereign, 
Although the miserable estate of this poor kingdom will be 



-30. write privately to the king . (1638.) 47 

sufficiently understood by your majesty from this gentleman, sir 
John Hamilton's relation ; yet we conceive ourselves in a special 
manner bound and obliged to represent what we conceive does so 
nearly concern your majesty's honour and service ; and therefore 
give us leave truly and faithfully to tell your majesty, that since the 
last proclamation, the fear of innovation of religion is so apprehended 
by all sorts of subjects from all corners of this kingdom, that there 
is nothing to be seen here but a general combustion, and all men 
strengthening themselves, by subscribing of bonds, and by all other 
means, for resisting of that which they seem so much to fear. This 
is come to such a height, and daily like to increase more and more, 
that we see not a probability of force or power within this king- 
dom to repress this fury, except your majesty may be graciously 
pleased, by some act of your own, to secure them of that which they 
seem so much to apprehend, by the inbringing of the books of 
Common-Prayer and Canons. 

The way which the subjects have taken and daily go about in the 
prosecution of their business is inexcusable, and no ways agreeable 
to the duty of good subjects ; but your majesty is wisely to consider 
what is the best and safest course for your own honour and peace 
of your government ; and since religion is pretended to be the cause 
of all, if it shall not be a safe course to free them at this time of 
fears, by which means the wiser sort will be satisfied, and so your 
majesty enabled with less pain or trouble to overtake the insolencies 
of any who shall be found to have kicked against authority. 

"We are the rather moved at this time to be of this opinion, that 
having found it the opinion, not only of those to whom your majesty 
wrote in particular, (except of the marquis of Huntley, who as yet 3 7 
is not come from the north,) but of most of the noblemen and 
men of respect within this kingdom ; we find few or none well- 
satisfied with this business, or to whom we dare advise your majesty 
to trust in the prosecution thereof; and if any have or shall inform 
your majesty to the contrary, give us leave humbly to entreat your 
majesty to be pleased to call them before yourself, that in our 
presence you may hear the reasons of both informations fully de- 
bated. So praying God to grant your majesty many happy days, 
and full contentment in all your royal designs, we humbly take our 
leave, and rest 

Sterling, March 5, Your majesty's humble servants 

1638. and faithful subjects, 

Traquair. 

Roxburgh. 



48 Letter from the council to the marquis ', who is I. 31 — 

3 1 There was also (besides many private letters recommending 
this business) a public letter written by the council to the 
marquis, which follows, taken from the original. 

Our very honourable good Lord, 
We finding the subjects' fears and stirs to increase since the last 
proclamation, did appoint, by the lord chancellor and other lords of 
the clergy their special advice, a solemn diet of council to be kept 
at Sterling on the first of March, where the lord chancellor and 
other lords of the clergy promised to be present to consult upon 
the growth of the public evils, and remedies thereof, for his majesty's 
honour and peace of this country ; but having met at Stirling, we 
received a letter of excuse from the lord chancellor, and were 
forced to proceed without him and the other lords of the clergy ; 
where, after we had spent four days in advising upon the said evils 
and remedies of them, we resolved in end to direct sir John Hamil- 
ton of Orbiston, one of our number, with a letter of trust from us to 
his majesty, to whom we have imparted our opinions, and reasons 
of the said public ills, and remedies of the same, to be represented 
to his sacred majesty ; and because the business is so weighty and 
important, that in our opinion the peace of the country was never 
in so great hazard, we have thought fit to recommend the business 
to your lordship's consideration, that after your lordship has heard the 
justice-clerk therein, your lordship, according to your great interest 
in his majesty's honour and peace of the kingdom, may concur by 
your best advice and assistance at his majesty's hands to bring these 
great and fearful ills to a happy event. So, committing your lord- 
ship to the grace of God, we rest 

Sterling, March 5, Your lordship's verv good friends, 

1638. 

Traquair. Lauderdale. Napier. 

Roxburgh. Southesk. J. Hay. 

Winton. Angus. Tho. Hope. 

Perth. Lorn. J. Carmichael. 

Wigton. Down. W. Elphinston. 

Kinghorn. Elphinston. 

32 The covenanters also wrote again to the Scottish lords at 3 8 
court, desiring liberty to send up one to represent their 
grievances ; for they doubted the council did not use them 
well, and one of them wrote very peremptorily to the marquis, 
That they were resolved rather to hazard the whole business, 



— 34* sent by the king commissioner to Scotland. (1638.) 49 

than change a word of their petitions, and that they would 
quit their lives, if they got not granted to them what they 
desired. 

33 The justice-clerk being thus instructed came to London, 
where, after he had discharged himself of his trust, his 
majesty partly doubting his council, partly hoping the author- 
ity of a commissioner might qualify the people's fury not a 
little, resolved to choose one ; and about this he made no 
long deliberation, but presently set his thoughts on sending 
the marquis to Scotland for that service : and it was the 
opinion of all that a fitter choice could not have been made, 
both because of his quality and kindred, as also that he was 
at this time free of all jealousies ; for his course heretofore 
had been more like a courtier than a statesman, so that he 
was untouched with the suspicions of what had been hitherto 
done, his advice having scarce ever been called for, so he was 
fitter to treat with that party ; but chiefly his temper was so 
obliging and insinuative, that none alive was more able to 
gain people to reason, and to manage their spirits, than he 
was. 

34 It is alleged that some moved the employing my lord 
Huntley for this service, but no vestige of such a motion 
appears ; and if it was made, it could not take with the king, 
who at that time knew not Huntley well : and since the king 
designed to try all could be effectuated by treaty, there was 
not a person so unfit for it as the marquis of Huntley ; for 
his family being always odious to that party, and himself all 
his life suspected of popery, he had been a very improper 
person to be employed for drawing those sinistrous jealousies 
out of the subjects' minds : but his majesty, confiding as well 
in the marquis's abilities as trusting to his fidelity, was 
resolved on the choice, and did first communicate it to him- 
self : he told his majesty, that life and fortune, and all he 
had, he would never stick to hazard for his service ; but this 
employment was full of danger, the success of it was at least 
dubious, and he was very much a stranger to Scottish men 
and affairs ; and he could not but foresee how it should 
endanger his losing what next his salvation he valued most, 
which was his majesty's favour ; however, he was absolutely at 
his majesty's disposal. 

Hamilton. e 



50 Articles for the present peace ^-35 — 

35 My lord Lorn, eldest son to the earl of Argyle, and after 
him earl Traquair, and divers of the nobility, came to court 
at this time, who were also followed by some of the clergy. 
The covenanters made likewise a new address to the Scottish 
lords at court, full of complaints of the harsh usage they had 
met with from the council, together with their grievances ; 
which paper, with their letter dated the 28th of April, is 
extant, signed Eothes, Oassils, and Montrose, consisting of 
eight articles. 

36 Articles for the present peace of the kirk and kingdom of 39 

Scotland. 
If the question were about such matters as did come within the 
compass of our own power, we would be ashamed to be importunate, 
and should be very easily satisfied without the smallest trouble to 
any ; but considering that they are the matters of God's honour, of 
the kingdom of Christ, and the peace of our souls, against the 
Mystery of Iniquity, which we clearly perceive to have been unces- 
santly working in this land since the reformation, to the ruin of true 
religion in the end ; it cannot stand with our duty to God, to our 
king, to ourselves and posterity, to crave or be content with less than 
that which the word of God and our confession of faith doth allow, 
and which may, against our fears, establish religion afterwards. 

I. The discharging of the service-book, the book of canons, and 
of the late high commission, may be a part of the satisfaction of our 
humble supplications and just complaints, which therefore we still 
humbly desire : but that can neither be a perfect cure of our present 
evils, nor can it be a preservative in time to come. 

II. When it is considered what have been the troubles and fears 
of his majesty's most loyal subjects from the high commission, what 
is the nature and constitution of that judicatory, how prejudicial it 
proves to the lawful judicatories of the kirk and kingdom, how far 
it endangers the consciences, liberties, estates, and persons of all the 
lieges, and how easily, and far more contentedly, all the subjects 
may be kept in order and obedience to his majesty's just laws, with- 
out any terror of that kind ; we look that his majesty's subjects, 
who have been used to obey according to the laws, shall be alto- 
gether delivered from the high commission, as from a yoke and 
burden which they feel and fear to be more heavy than they shall 
be ever able to bear. 

III. Remembering by what ways the articles of Perth were in- 
troduced, how strangely and with what opposition they were carried 



"3 ^ • ^/ ^ kirft an d kingdom of Scotland. (1638.) 51 

in the assembly, upon what narrative they were concluded, how the 
ratification in parliament was not desired by the kirk, but earnestly 
supplicated and protested against, how they have been introductory 
of the service-book, whereof now they are become members, and in 
their nature make way for popery, (whatsoever hath been the inten- 
tions of the urgers;) and withal, what troubles and divisions they 
have caused these twenty years in this kirk and kingdom, and what 
jealousies between the king's majesty and his subjects, without any 
spiritual profit or edification at all; as we can see no reason why 
they should be urged by authority, so can we not find but we shall 
be more unable to digest them than in the beginning, when we had 
not as yet tasted and known how bitter and unwholesome they were. 

IV. The judgments of the best divines of the reformed kirks, and 
of the most pious and learned of this kirk since the reformation, con- 
cerning the civil places and offices of kirkmen, and concerning the 
vote of ministers in parliament, have been made known in divers 
general assemblies ; which moved the assemblies of this kirk, when 
they could not by their modest opposition prevail to limit the minis- 
ters that were to vote in parliament by any particular cautions agreed 
upon at first, and ordained to be inserted in the act of parliament, 40 
and by other cautions to be made afterward, as the assembly should 
find meet and necessary : and therefore, if we will declare our minds> 
after lamentable experiences of the evils which were then foreseen, 
feared, and foretold, we cannot see how ministers voting in parlia- 
ment, absolutely without the limitation of these cautions, can be 
thought fit to vote in the name of the kirk. 

V. We have no grievance more universal, more ordinary, and 
more pressing, than that worthy men, who have testimonies of their 
learning from universities, and are tried by the presbyteries to be 
qualified for the work of the ministry, and for their life and gifts 
earnestly desired by the whole people, are notwithstanding rejected 
because they cannot be persuaded to subscribe and swear such un- 
lawful articles and oaths, as have neither warrant of the acts of the 
kirk nor laws of the kingdom ; and others, of less worth, and ready 
to swear for base respects, unworthy to be mentioned, are obtruded 
upon the people, and admitted to the most eminent places of the 
kirk and schools of divinity ; which causes continual complaints, 
makes the people run from their own kirks, refuse to receive the 
sacrament at the hands of the ministers set over them against their 
hearts, or to render them that honour which is due from the people 
to their pastors, and is a mighty hinderance to the gospel, to the souls 
of the people, and to the peace of the whole kirk and kingdom : all 

e 2 



52 Articles for the peace of the kirk of Scotland. II. 36 — 

which might be easily helped by giving place to the one hundred 
and fourteenth act of parliament, 1^92, declaring that God hath 
given to the spiritual office-bearers of the kirk collation and depriva- 
tion of ministers, and ordaining that all presentations to benefices be 
directed to particular presbyteries in all time coming, with full power 
to give collation thereupon, they being the lawful office-bearers of 
the kirk, to whom God hath given that right ; which therefore never 
was nor can be taken from them, and so conferred upon others, as 
that they shall be quite secluded therefrom. 

VI. The lawful and free national assemblies of this kirk, warranted 
by Divine authority, ratified by acts of parliament, kept in other re- 
formed kirks, and in this kirk since the reformation, and acknow- 
ledged by king James to be the most necessary means for preserva- 
tion of piety and union, and for extermination of heresy and schism, 
(who willed therefore, that the act of parliament for convening the 
general assemblies once in the year should stand in force ;) if they 
were revived, and by his majesty's authority appointed to be kept at 
the ordinary times, and if one at his majesty's first opportunity, and 
so soon as may be conveniently, should be indicted, kirkmen might 
be tried in their life, office, or benefice, and kept in order without 
trouble to his majesty, and without offence to the people, the pre- 
sent evils might be speedily helped, to his majesty's great honour and 
content, and to the preservation of the peace of the kirk, and these 
courses might be stopped afterwards : and on the contrary, while 
kirkmen escape their due censure, and matters of the worship of God 
are imposed without the consent of the free assemblies of the kirk, 
they will ever be suspected to be unsound and corrupt, as shunning 
to be tried by the light, to the continual entertaining of heartburn- 
ings amongst the people, and to the hinderance of that cheerfulness 
of obedience which is due, and from our hearts we wish may be ren- 
dered, to the king's majesty. 

VII. If, according to the law of nature and nations, to the custom 
of all other kingdoms, and the laudable example of his majesty's 
worthy progenitors, in the like cases of national grievances, or of com- 
motions and fears of a whole body of a kingdom, his majesty should 
be graciously pleased to call a parliament for the timeous hearing 41 
and redressing of the just grievances of the subjects, for removing of 
their common fears, and for renewing and establishing such laws as in 
time coming may prevent the one and the other, and may serve to 
the good of the kirk and the kingdom, that the peace of both might be 
firmly settled, and men's minds now so awakened might be easily paci- 
fied ; all our tongues and pens are not able to represent what would 



—$J. Articles of information, fyc. (1638.) 53 

be the joyful acclamations and hearty wishes of so loyal and loving 
a people for his majesty's happiness, and how heartily bent all sorts 
would be found to bestow their fortunes and lives in his majesty's 
service. 

VIII. The more particular notes of all things expedient for the 
well of the kirk and kingdom, for his majesty's honour and satisfac- 
tion, and for extinguishing of the present combustion, may be given 
in to be considered in the assembly and parliament. 

37 Those bishops who stayed in Scotland sent up also one 
Learmonth to the archbishop of St. Andrew's then at London, 
with their complaints and grievances, which are also set down 
according to the original. 

Articles of information to Mr. Andrew Learmonth, for my lord arch- 
bishop of St. Andrew's, the bishop of Ross, #c., and in their absence 
for my lord archbishop of Canterbury his grace. 

I. You shall shew their lordships how they have changed the 
moderator of the presbytery of Edinburgh, and are going on in 
changing all the moderators in the kingdom. 

II. How they have abused doctor Ogstone the ninth of May in 
Edinburgh, Mr. George Hannay at Torphichen the sixth of May, 
doctor Lamond at Markinch the ninth of May, Mr. Robert Edward 
at Kirkmichael, whom Kilkerrin is forced to entertain at his own 
house. 

III. That the presbytery of Hadingtown have given imposition 
of hands to Mr. John Ker's son to be his colleague, without the 
knowledge of the bishop ; and likewise the presbytery of Kircaldy 
to Mr. John Gillespie's son to the church of the Weemes ; and the 
presbytery of Dumfrice to one Mr. John Wier to the church of Morton, 
within two miles of Drumlanerick ; and that they of Dumfermline 
have admitted Mr. Samuel Row (a minister banished from Ireland) 
to be helper to Mr. Henry Mackgill; and they of Air Mr. Robert 
Blair to be helper to Mr. William Annand ; and that the town of 
Dumfrice have made choice of Mr. James Hamilton to be their 
minister ; and the town of Kirkudbright one Mr. John Macklennan; 
all of them banished from Ireland ; and Mr. Samuel Rutherford is 
returned and settled in his place; and they intend to depose Mr. 
John Trotter, minister at Dirleuton ; and how they intended to use 
the regents. 

IV. That the council of Edinburgh have made choice of Mr. Alex- 
ander Henderson to be helper to Mr. Andrew Ramsay, and intend 
to admit him without advice or consent of the bishop. 



54 The king resolves to redress grievances : II. 37— 

V. That the ministers of Edinburgh who have not subscribed the 
covenant are daily reviled and cursed to their faces, and their sti- 42 
pends are withheld and not paid ; and that all ministers who have 
not subscribed are in the same case and condition with them. 

VI. That they hound out rascally commons on men who have 
not subscribed the covenant, as Mr. Samuel Cockburn did one John 
Shaw at Leith. 

VII. That his majesty would be pleased by his letters to discharge 
the bishop of Edinburgh to pay any prebend-fee to those who have 
subscribed the covenant ; as also by his royal letters to discharge 
the lords of session to grant any process against the bishop for 
their fees. 

VIII. That his majesty would be pleased in the articles of agree- 
ment with the nobility to see honest men, who shall happen in this 
tumultuous time to be deposed from their places, restored and 
settled in them, and others that are violently thrust in removed; 
and that the wrongs done to them be repaired. 

IX. That if it shall happen his majesty to take any violent course 
for repressing these tumults and disorders, (which God forbid,) that 
in that case their lordships would be pleased to supplicate his majesty 
that some speedy course may be taken for securing of the persons 
of these honest men, who stand for God and his majesty. 

Signed, 

Da. Edin. Ja. Hannay. 

Ja. Dumblanen. Da. Michell. 
Ja. Lismoren. Da. Fletcher. 

3 8 All these matters being considered, though there were 
grounds enough to have provoked a less gracious prince to 
have proceeded against the covenanters by the extreme course 
of rigour and authority, and there were some who advised him 
to it ; yet such was his innate love to that his ancient and 
native kingdom, that he resolved to leave no mean unessayed 
before he should proceed to a rupture with them : he also 
well foresaw that it would not prove so easy a work as some 
would have persuaded him, the greatest part on the south of 
Tay being confederate, and resolved to stand to their defence 
at all hazards : neither was England too well fixed in* their 
obedience, as the following wars did sadly prove, and so there 
were small grounds to expect any heartiness from them for 
such a work. 



— 39' he calls the bishops to his closet. (1638.) 55 

39 All this being weighed, his majesty called to his closet the 
archbishops of Canterbury and St. Andrew's, and the bishops 
of Galloway, Brechin, and Ross, the marquis being there be- 
fore they came ; and to all these the king declared the choice 
he had made, and that he intended to send the marquis to 
Scotland, with the character of high commissioner, for esta- 
blishing the peace of the country and the good of the church. 
St. Andrew's said he approved the choice, and hoped for good 
success. My lord of Canterbury asked why his majesty had 
called him; the king said, to be a witness of what was done ; and 
because he had been before acquainted with the proceedings 
of that business, he was also to be informed of what passed 
thereafter. Then the marquis desired to know what the 
bishops expected he could do: they answered, Nothing but 
procure the peace of the country and good of the church. 
He desired they would contribute their assistance for reclaim- 
ing the ministry, who were once conformable ; and for the 43 
ministers that were censured, but were now stirring, he should 
deal with them. They answered, their power was small at 
that time, and their danger great, and so inclined to stay still 
at London ; but that was overruled, the marquis undertaking 
that so far as in him lay he should stand betwixt them and 
danger. The archbishop of Canterbury said much and well 
on this head : so it was agreed that they should go home. 
Next, the king expressed how necessary he conceived it was 
that every one of them should live in their own diocese : Can- 
terbury seconded this, and the bishops acknowledged it was 
the best way. Much was said concerning general assemblies, 
and that ecclesiastical matters ought to have been introduced 
by them; and the marquis was ordered to give assurance, 
that in all time coming nothing substantial should be intro- 
duced iu the church but by them. Much debate passed about 
the oath of admission of ministers, and it was concluded it 
should be no other than what was warranted by the law; 
and the bishops were required to be sparing and moderate 
for the present both in urging that and the ceremonies. All 
this his majesty concluded with his wishes for good success, 
adding, that the marquis had been so far from seeking this 
employment, that he had commanded him much against his 
will to undertake the journey. 



56 Proclamation sent by the marquis. II. 40 — 

40 This was in the beginning of May, and upon the 7 th of May 
letters were directed to Scotland, giving notice of the reso- 
lutions taken to the nobility : the marquis wrote also to all his 
friends and dependers to meet him at Hadington the 5th of 
June. The next thing that was taken into consideration was 
the drawing up of his instructions. 

4 r A commission in the ordinary form being first drawn, there 
were two proclamations signed by the king, both which are 
extant, the one written with the earl of Traquair's hand, the 
other by the marquis ; the first whereof follows : 

Charles R. 

Charles, by the grace of God king of Scotland, England, France, 
and Ireland, defender of the faith, to our lovits, our sheriffs in that 
part, conjunctly and severally, specially constitute, greeting. 

For samiekle as we are not ignorant of the great disorders which 
have happened of late within this our ancient kingdom of Scotland, 
occasioned (as is pretended) upon the introduction of the service- 
book, book of canons, and high commission, thereby fearing inno- 
vations of religion and laws ; for satisfaction of which fears we well 
hoped that the two proclamations of the nth of December and 19th 
of February had been abundantly sufficient : nevertheless, finding 
that disorders have daily so increased, that a powerful rather than a 
persuasive way might have been justly expected from us, yet we, 
out of our innate indulgence to our people, grieving to see them run 
themselves so headlong into ruin, are graciously pleased to try if by 
a fair way we can reclaim them from their faults, rather than let 
them perish in the same. And therefore, once for all, we have 
thought fit to declare, and hereby to assure all our good people, 
that we neither are, were, nor (by the grace of God) ever shall be 
stained with popish superstition, but by the contrary are resolved to 
maintain the true protestant Christian religion already professed 
within this our ancient kingdom. And for farther clearing of 44 
scruples, we do hereby assure all men, that we will neither now nor 
hereafter press the practice of the aforesaid canons and service-book, 
or any thing of that nature, but in such a fair and legal way as shall 
satisfy all our loving subjects that we neither intend innovation in 
religion or laws ; and for the high commission, we shall so rectify 
it with the help of advice of our privy council, that it shall never 
impugn the laws, nor be a just grievance to our loyal subjects. And 
as hereby it may appear how careful we are to satisfy the foresaid 
fears (how needless soever) of our good subjects [*], so we do 



-42. Another proclamation hy the marquis. (1638.) 57 

hold ourselves obliged both in conscience and honour to hinder the 
course of that which may prejudge that royal authority which God 
has endued us with ; wherefore, understanding that many of our 
subjects have run themselves into seditious and undutiful courses, 
and willing to reduce them rather by a benign than forcible mean, 
(because we hope that most of them are drawn thereto blindly, out of 
fear of innovations,) are content hereby to declare and promise upon 
the word of a king to pardon what is past, and not to take notice of 
the bygone faults, no not so much as of those factious and seditious 
bonds, upon condition that they seek to our mercy by disclaiming 
the same; and in testification of the true sense of their misdemeanours, 
that they deliver up, or continue with their best endeavours to pro- 
cure the delivering up, of the said bonds into the hands of our council, 
or such as our council shall appoint : declaring always, like as we by 
these presents do declare, all these to be esteemed and reputed as 
traitors in all time coming, that shall not renounce and disclaim the 
said bond or bonds, within after the publication 

hereof ; that is to say, whosoever will from henceforth be thought a 
good subject, and capable of our mercy, must either deliver up the 
same, in case he have it, or concur with his best endeavours to the 
delivering up thereof, or at least must come to some of our privy 
council or chief officers in burgh or land, and testify to him that 
he renounces and disclaims the said bonds. Our will is therefore, 
and we charge you straitly and command, that incontinent this our 
letter seen, &c. 

C. R. 

42 The other proclamation, penned by the marquis, agrees with 
the former to the place that is marked [*]; after which it 
follows thus : 

So we expect that their behaviour will be such as may give testi- 
mony of their obedience, and how sensible they are of our grace and 
favour that thus pass over their misdemeanours, and by their future 
carriage make appear it was only the fear of innovations that caused 
those disorders that have happened of late in this our kingdom, which 
now cannot but by this our declaration be removed from the hearts 
of our loving subjects : but on the contrary, if we find not this per- 
formed with that cheerfulness and alacrity that becomes good and 
obedient subjects, we declare and hold ourself obliged, in honour and 
conscience, to make use of those forcible means which God hath 
armed royal authority with for the curbing of disobedient and 
stubborn people. Our will therefore is, and we charge you, &c. 

C. R. 



58 A declaration, penned by the chancellor, marked by II. 43 — 

43 And by another paper his majesty left it to the marquis's 45 
choice whether of the two he should make use of, as he found 

it might tend to his service ; but withal, if he made use of the 
second, and it gave no satisfaction, so that within six weeks 
most of the bonds were not delivered up upon his desiring 
them to do so, then he should publish another proclamation, 
declaring the covenanters traitors, if within Jive days they came 
not to accept of mercy and deliver up the bonds, if they were in 
their power. 

44 And so a third declaration, penned by the chancellor, was 
laid aside ; only it is extant, marked by the king^ hand on the 
back, and therefore shall be set down here. 

Whereas we were in hope by our late proclamations to have given 
satisfaction to our people, and to have removed their mistakings of 
the Book of Common Prayer which we caused to be published, having 
thereby declared that it never entered into our thoughts to make 
any innovation in religion and form of God's worship, nay, not to 
press the said books upon any of our subjects till by a fair way they 
were induced to approve the same ; yet having understood that, to 
the contrary, (by what means we know not,) occasions have been 
taken to confirm them in their former mistakings, and to bind them 
by oaths and subscriptions against the laws established by our dear 
father of blessed memory, and ratified by ourselves since our coming 
to the crown ; howsoever there is in that more than just cause offered 
to take punishment of such an open contempt and rebellion, yet, con- 
sidering that this is not the fault of the simple sort or multitude of 
people, who have been seduced through specious pretexts, as if 
nothing were contained in the said bond or covenant, as they call it, 
but the promoting of God's glory, the maintaining of our honour, 
and liberty of the country, with the preserving of unity among them- 
selves ; we, no way willing to use our people with rigour, or to inquire 
severally into their errors of that kind, have thought meet to renew 
our former declaration, by assuring them, and every one of them, 
that our constant resolution is, and hath been, to maintain the true 
religion professed and established by the laws of that our kingdom, 
without any change or innovation, at the hazard of our life and 
crown, and that we will not force on our subjects either the said 
Book of Common Prayer or Book of Canons, till the same be "duly 
examined, and they in their judgments satisfied with the legality 
thereof ; nor will we permit the exercise of any commission upon 
them, for whatsoever cause, which may give unto them any just cause 



-46 the king's hand, but laid aside. (1638.) 59 

of grief and complaint. Willing therefore and requiring all our people 
and subjects to acquiesce to this our declaration, and not suffer 
themselves to be misled by the private or public informations of 
turbulent spirits, as if we did intend any thing contrary to this our 
profession, having always esteemed it a special point of royal dignity 
to profess what we intend to do, and to perform what we do promise ; 
certifying all our good subjects, who shall hereupon rest quiet in the 
obedience of God and us, that we will faithfully perform whatsoever 
we have declared, whether in this or in our former proclamations 
made to that purpose, and be unto them a good and merciful king : 
as on the other side, if any shall hereafter make business and disturb 
the peace of that church and kingdom by following their private 
covenants, and refusing to be ruled by the laws established, that we 
will use the force and power which God hath put into our hands for 
compescing and subduing such mutinous and disobedient rebels. 
Given at our palace of 

This is marked by the king's hand, Declaration made by 4" 
the chancellor. 

45 Thus that wise prelate foresaw well how it would be easier to 
effectuate all that had been designed, than to get that alone 
of disclaiming the covenant brought about ; and therefore left 
that out in his draught of the declaration. But the king was 
peremptory, saying, 

That as long as that covenant was not passed from, he had no 
more power than the duke of Venice. 

46 For the commissioners' instructions the chancellor gave his 
advice in writing, which was very closely followed. After that, 
many particular questions were given in by the marquis in 
writing, for orders how to carry himself whatever might meet 
him in his negotiation, to which he got positive answers in 
writing from the king, which are extant : and though the 
material points in that paper be to be found in the instruc- 
tions, yet this seems too considerable to be suppressed, and 
therefore it is set down in the very form wherein it is in the 
original, the queries being written by the marquis, and the 
answers over against them by the king. 



60 Queries submitted by the marquis to the king, II. 47. 

47 Queries whereunto your majesty's direction and resolution is humbly 
prayed, that accordingly I may govern myself, and be 
warranted for my proceedings. 

1 . If before the publishing of the de-"l 
claration some of the chiefest of the peti- I 
tioners may not be prepared and labour- ! 
ed to conceive aright of the same, and in 
general acquainted with your majesty's 
gracious intentions ? 



They may. 



2. Where the 
council shall be ? 



first meeting of 






Where you shall find 
the I most convenient, the city 
I of Edinburgh only ex- 
' cepted. 



3. If your majesty will not permit the-* 
council to sit where and in such places I y 
as is conceived may tend most for the ' 
advancement of your service ? J 

4. If the declaration shall not be read -1 
to the council, and they required to sign I 



By all means. 



47 



Yes. 



Dismiss him the council. 



}>Yes. 



the same ? 

5 . If we shall not all swear to give our 
best assistance for the putting the same 
in due execution ? 

6. If any councillor refuse to do it, 
what course shall be taken with him ? 

7. If acts of council are not to be 
made, finding that this declaration ought 
to free us of the fears of innovations 
either of religion or laws ? 

8. If all councillors are not to be 
warned to give their attendance till the 
business be settled ? 

9. If upon the publication of this de- -, The testers must be 

claration there be protestations made, >• 1 • j u 1 

, . , „ , v,, w a proclaimed rebels, 

what course shall be taken r J r 

10. If no protestations, but petitions") 
of new be presented, either demanding j 

further satisfaction, or adhering to their )>■ Ut supra. 
former, what answer shall be made, or j 
what course taken ? 



You must raise what 
force you may to treat 
them as rebels. 



11. If they remain still in a body at 
Edinburgh or elsewhere after the de- 
claration, what course shall be taken ? 

1 2 If they should petition against-, ^ {h must be con . 

the high commission itself as not to be I ^ £ declaration 

introduced without an act of parliament, \ . ., . . / 
, . u n u a m that point, 

what answer shall be given ? J r 



47- with his majesty's answers. (1638.) 61 

13. If, against the matter contained-, Tfae get thereof 

therein, it is then desired that those par- ,. & , , 

, , , . , . ,,* r , >- according to my declara- 

ticulars maybe expressed that will not ,. . 11 ° ' ,.. 

l • u j / a tion will answer this, 

be yielded to r J 

14. If it be pressed that what is now-i T£ T , ... 
i , , r • A r 1 • 1 It 1 mav be sure that 

concluded concerning the high com- r J . ... , ., T 

, t -/. j . .1 *? v y a parliament will do it, I 

mission be ratified in the next parlia- \ , r ,, , 

, . , „ , f shall be content. 

ment, what answer shall be given r J 

~] No petition must be 48 

a 4,u 4.-4.- r I admitted till the bond be 

1 5. It they petition tor a convention, ', , , .- ,. 

* "r •/„, . 5 > broken ; it alter, you may 

what answer shall be given ? I ,. •/ i ■ in L - J 

j grant it, leaving the time 

J to me. 

1 6. If they petition for a general as- 1 T ... . , *. , , 

x.1 4.1. 4. -4. r, • 4.1. I will not be tied, but 

sembly, that it may be once in the year, > T . ,, ,, , 

1 . • 1 « i •> ^ as I shall find cause, 

what answer shall be given ? J 

1 7 . If they petition that the ministers' ■> 
oath may be no other than that which I I and the bishops will 
the act of parliament doth order them to f consider of it. 
take, what answer shall be given ? J 

1 8. If they petition that the five arti- -1 I will hear of no peti- 
oles of Perth may be held as indifferent, J> tion against an act of par- 
what answer shall be given ? J liament. 

19. If the town of Edinburgh, mayl 

not be dealt with apart to petition for | Upon their full sub- 

your majesty's favour, and if they desire 1 mission, and renouncing 
that the council, exchequer, and session f of the bond, they may 

may be returned them, what answer > have their desires, 
shall be given ? J 

20. If the like course may not be taken \ . , ~ 
with some other principal burghs ? J 

21. If to gain some leading men from "} m A 

.-, -i r - 4. > £ 10 some, Aye ; to some, 

the party, marks ot your majesty s favour y ^ J ' 

may not be hoped for ? J 

22. If particular men desire either acts 1 

of council, or pardons under the great l> Grant their desires, 
seal, what shall be done ? J 

23. What service shall be used in the! ^ ^ .. , 

, J , n > The English, 

chapel royal ? J & 

24. If the lords of council and session 1 This is no time for a 
shall at that time be pressed to receive > communion, but when 
kneeling ? J there is they must kneel. 



15. If thought fit, what shall be done\ » , . - . 

bpm that: rpfnsp ? f 



to them that refuse ? j 



26. If all acts of council, that have en--^ 40 

joined the use of the Service-book, Book I y 
of Canons, are not to be suspended, and f 
declared of no force in time coming ? J 



62 Queries of the marquis, answered by the king. II. 47 

27. How far your majesty will warranty T u n 1 ■«. ~i£ 

/,, J 1 * j.1. 1 j I shall do it nivselr, 

me to declare your pleasure to the lords , , «. u w '^ 

r ., , J r . ., . ,. . U but vou mav tell any or 

or the clergy, concerning their living f . " J ■* 

within their dioceses ? J 



Refuse none. 



28. How far I may declare your will-^| 
ingness to give ear to and receive the | 
private complaints of your subjects in 
general, and in particular against any of 
the bishops ? 

29. If those ministers (who have been -1 
by the multitude displaced) are not again l They must, 
to be established ? J 

30. If in the abbey-church the use of \ y 
the organs shall be presently enjoined ? J 

31 If those ministers formerly si--, Jf A h no{ $e _ 

lenced may not for a time be connived > ,. . J l 

at, and permitted to preach ? J 

32. If your majesty aim at more for-j 
the present than establishing the peace V No more for the present, 
of the country ? J 

33.it more, it is humbly desired your | when time ^ bfi 
majesty may be pleased to express it ? J 

In execution of all which, or what else* 
your majesty shall think fit to command, 
it is most humbly desired, that I may be 
so warranted, that the labouring to put J> You shall, 
them in execution may not turn to my 
ruin, nor hazard the losing of your ma- | 
jesty's favour, dearer to me than life. J 

48 The whole instructions were signed the 1 6th of May, which 
follow, taken from the original. 

Charles R. co 

I. Before you publish the Declaration which we have signed, you 
shall require all the council to sign it, and if you find that it may 
conduce to our service, you shall make all the council swear to give 
their best assistance in the execution of the same : but this of putting 
them to their oaths we leave to your discretion to do as you shall 
find occasion ; but if you shall find it fit to put them to their oaths, 
those that refuse must be dismissed the council till our further plea- 
sure be known. 

II. "We give you power to cause the council to sit in whatsoever 
place you shall find most convenient for our service, Edinburgh only 



— 4-8- His majesty's instructions to the marquis. (1638.) 63 

excepted, and to change the meeting thereof as often as occasion 
shall require. 

III. You may labour to prepare any of the refractory persons to 
conceive aright of our Declaration before it be published, so that it 
be privately and underhand. 

IV. You are to get an act of council to pass, to declare that this 
Declaration of ours ought to free all honest subjects from the fears 
of innovations of religion or laws : but this you are not to propose 
publicly except you be sure to carry it. 

V. If any protestation be made against our Declaration, the pro- 
testors must be reputed rebels, and you are to labour to apprehend 
the chiefest of them. 

VI. If petitions be presented to demand further satisfaction than 
that we have already given by our Declaration, you are to receive 
them, and to give them a bold negative, both in respect of the matter 
and the form, as being presented from a body which you are noways 
to acknowledge. 

VII. If it should be objected against the high commission, That it 
ought not to be introduced but by act of parliament ; your answer 
must be, That we found it left us by our father, and therefore we 
mean to continue it, having first regulated it in such a way that it 
shall be no just grievance to our subjects or against our laws ; and 
when there is a parliament, we shall be content that it be ratified as 
we shall now rectify it. 

VIII. If after the limited time in our Declaration a body remain 
at Edinburgh or elsewhere, you must raise what force you can to 
dissipate and bring them under our obedience. 

IX. As soon as the peace of the country will permit, you are to 
call a general assembly for settling of a constant and decent way for 
God's worship ; we having resolved to call them, or to permit them 
to be, as often as occasion shall require ; we likewise intending to 
have a parliament to ratify what shall be condescended on at the 
assembly. 

X. You may say, the bishops shall impose no other oath upon 
ministers at their admission but what is warranted by act of 
parliament. 

XI. You are to give direction that the same service be used in our 
chapel royal that was before the enjoining of the Service-book. 

XII. You must admit of no petition against the five articles of 
Perth, but for the present you are not to press the exact execution 
of them. 

XIII. Whenever the town of Edinburgh shall depart from the 



64 His majesty's instructions to the marquis. II. 4$- 

covenant, and petition for our favour, we will that you bring back 
the council and session to it. 

XIV. You shall deny no pardons nor acts of council to any par- 
ticular persons that shall desire the same for their security. 

XV. Some marks of favour we may be moved to give to particular 
persons that may deserve the same. 

XVI. All acts of council that enjoin the use of the new service- 5 1 
book are to be suspended, and to be of no force hereafter. 

XVII. You shall declare our pleasure to our two archbishops, (as 
soon as the country is any way settled,) that it is our pleasure that 
every bishop shall live within his own diocese, except upon his own 
urgent occasions, or that he be commanded from us or the council 
to attend there for our service, which I intend as seldom as may be. 

XVIII. You shall refuse complaints against no man in particular, 
whether officers of state, councillors, or bishops, so that it be against 
their persons and not their places. 

XIX. All those ministers who have been displaced by the seditious 
multitude are to be (so soon as conveniently may be) repossessed 
again as they were. 

XX. As for silenced ministers, you may connive at their preaching, 
if you find it may tend to the quieting of the country. 

XXI. For the organs in the abbey-church, we leave them to your 
discretion when to be used, and to advertise me of your opinion. 

XXII. You are to cause insert six weeks in our Declaration for 
the delivery up of the covenant, and if you find cause, less. 

XXIII. You shall declare, that if there be not sufficient strength 
within the kingdom to force the refractory to obedience, power shall 
come from England, and that myself will come in person with them, 
being resolved to hazard my life rather than to suffer authority to 
be contemned. 

XXIV. If you shall find cause, you are to raise a guard of two 
hundred or more to attend our council. 

XXV. You may treat with the earl of Marr for the keeping of 
our castles of Edinburgh and Sterling, and for the present he must be 
charged with their safe custody. 

XXVI. You shall take seriously into consideration the copper 
coin, and declare our willingness to remedy the evils that have risen 
thereby ; or what else the subjects may justly complain of. 

XXVII. You may declare, that as we never intended to assume 
the nominating the provost of our town of Edinburgh, so we mean 
not by our too frequent letters to hinder the free election of their 
own officers. 



-50 The marquis goes for Scotland. (1638.) 65 

XXVIII. You may likewise declare, (if you find cause,) that as we 
never did, so by God's grace we never will stop the course of justice 
by any private directions of ours ; but will leave our lords of session, 
and other judges, to administer justice as they will be answerable to 
God and us. 

If you cannot by the means prescribed by us bring back the re- 
fractory and seditious to due obedience, we do not only give you 
authority, but command all hostile acts whatsoever to be used against 
them, they having deserved to be used no other way by us but as a 
rebellious people : for the doing whereof we will not only save you 
harmless, but account it as acceptable service done us. 

Such of these instructions as you shall find cause, we give you 
leave to divulge and make use of as you find our service shall 
require. 

At Whitehall, the C. R. 

16 May, 1638. 

49 All things being thus expeded, he took leave a few days 
after, his majesty having ordered him to write often to himself 
and to my lord of Canterbury, he being the only English person 
trusted with the secrets of that business. The earl of Sterling 
was then secretary of state for Scotland ; but as the copper- 52 
coin made him at that time odious there, so he was little 
esteemed in the court, and not at all employed in affairs exeept 

in matters of course. Sir Henry Vane and the marquis had 
contracted a friendship in the Swedish camp, and so did keep a 
correspondence ; yet that was most about accounts of the pos- 
ture the king was in in England, and what he could do by force 
if treaty could not prevail. But with my lord of Canterbury he 
kept a constant and free intercourse, and whatever that arch- 
bishop might have been formerly in Scottish affairs, being 
abused by persons who did not truly represent them to him, 
he was certainly a good instrument this year, which appears 
from his letters to the marquis with the copies of his returns, 
which are extant. 

50 My lord commissioner began his journey about the end of 
May, and on his way he met letters from Scotland, telling him 
that great jealousies were raised and vented upon his adver- 
tising so many to meet him, as if he had some strange design, 
and that his vassals in Cliddisdale were under high pains 
discharged to come and pay the duty they owed the king's 

Hamilton. f 



66 Great jealousies of the marquis in Scotland. II. 50 — 

commissioner and their own superior. On the third of June 
he came to Berwick, and there the earl of Roxburgh met him, 
who told him in what fury all people were, and how small 
hopes there remained of prevailing upon the grounds he was 
to go on : he answered, he was resolved to follow his instructions, 
and be at his hazard. Next day the earl of Lauderdale, with 
my lord Lindsay, came to him ; and from the latter he learned 
that they would never give up the covenant ; that they would 
have the five articles of Perth abolished ; episcopacy limited, 
so that it should be little more than a name ; and if these 
things were not granted them, and a general assembly and 
parliament not called quickly, they would call them themselves, 
before the great crowds at Edinburgh were scattered. 

5 1 There was also no small disorder in Edinburgh at this time, 
for they had notice that there was a ship in the road loaded 
with arms and ammunition ; from which they took the alarm, 
having it represented much beyond the truth, two hundred 
muskets and as many pikes, with a small quantity of powder, 
being all the arms that were in the ship. They resolved to go out 
the next day and seize the ship, which had been easily done, it 
being only a merchant vessel ; but the earl of Traquair appre- 
hending the hazard, caused all the arms to be sent down in a 
boat that night to Fisher-raw, and got carts, and presently 
transported them to Dalkeith, which was then the king's house. 
This enraged the covenanters when known by them next day, 
and some of the more forward moved that they should pre- 
sently go to Dalkeith and take them out by force ; but the 
wiser of them stopped this : yet they set sure guards around 
the castle of Edinburgh, and at all the ports of the city, that 
none of them might be carried thither. This meeting, with 
the marquis's coming down, was made use of by the incen- 
diaries to persuade the people that he designed mischief by 
these arms, and by the advertisements he had formerly given : 
another hellish report was also spread, that he designed to call 
a meeting of the chief covenanters of all ranks to Dalkeith, and 
there to blow them up ; whereupon they resolved not to go 
out, nor treat with him there at all. All this was done to 
irritate the people into a prejudice against him ; of which he 
gave advertisements to the king, and held on his journey. 

52 The first thing he did was to inform himself exactly of all 53 



— 54« He informs himself of the state of the country . (1638.) 67 

matters and persons, that he might accordingly apply himself 
to his business ; but he found things in a greater disorder than 
he could have imagined. Almost the whole council did favour 
the covenant, and the bishops were hated by all, so that there 
were few or none whom he durst trust : the earls of Traquair, 
Roxburgh, and Southesk were the men he found best affected, 
yet even their limitations vexed him. 

53 My lord Lorn, who about the end of the year by his father s 
death was earl of Argyle, seemed to go on with the king's 
service ; but he was suspected both by the king and the 
marquis to favour the covenant. In a word, those of the 
council who were best set were yet overawed by the fury and 
threats of the other party. The marquis of Huntley was for- 
ward in his majesty's service, but the marquis was obliged 
to send him north to keep that country (which was yet 
peaceable) in order. Many lawyers were of the covenanters'* 
side, and chiefly the king's advocate, sir Tho. Hope, which 
was one of the greatest troubles the marquis met with ; for he 
being a stranger to the Scottish law, (in which the other was 
skilled as much as ever any was,) was often at a great loss, for 
he durst advise with him in nothing, and often the king's 
advocate alleged law at the council-board against what he 
was pressing. Of this he complained frequently to the king, 
and intended to have discharged him the council, but he durst 
scarce adventure on it, lest others should have removed with 
him. He tried what he could do to get some lawyers to 
declare the covenant to be against law, but that was not 
to be done. Sir Lewis Stewart promised private assistance, 
but said that if he appeared in public in that matter he was 
ruined. Sir Thomas Nicolson, who was the only man fit to 
be set up against the king's advocate, though he had never 
all his life before pretended to a nicety in these matters, yet 
begun now to allege scruples of conscience. 

54 Next to this the marquis dealt with the covenanters, who 
were chiefly the earls of Rothes, Cassils, Montrose, Lowdon, 
Lothian, my lords of Lindsay, Yester, Balmerino, and Cranston ; 
these were the chief contrivers and actors, though they had 
many followers and abettors of all qualities. With these he 
dealt by all means possible, but neither could reason convince 

F 2 



68 The marquis gives a clear representation. II. 54 — 

them, nor assurance satisfy them, nor promises or cajolery 
prevail with them, nor threats overrule them. 

55 He quickly saw that nothing could be obtained from the 
covenanters by way of treaty ; and therefore, before he left 
Berwick, he advertised the king to prepare himself for teaching 
them their duty by authority, since milder ways were like to 
prove ineffectual. He also found the country very destitute 
of arms, and that the covenanters were beginning to give order 
for furnishing themselves from several places; of which he 
also advertised the king, desiring him to send in all haste 
expresses to his agents in Holland, Hamburgh, Denmark, 
Sweden, and Poland, to stop any arms might be brought up 
by Scottish men. 

56 At first when the marquis came to Dalkeith, he heard that 
one thousand five hundred men were set to guard the ports 
of Edinburgh, and that they of the tables had taken the keys 
of the city from the magistrates, and had some thoughts of 
securing the castle of Edinburgh, which had been easily done 
if attempted, there being neither arms nor ammunition within 
it. But the wiser of them thought it fitter only to set guards 
about it, by which it was rendered useless, rather than make 

so hasty a rupture; and the more violent threatened they 54 
would force both commissioner, council, and session to take 
the covenant. All this the marquis heard, but he might well 
regret it, but had no power to curb it, for they were resolved 
to hear of no proclamation unless with the discharge of the 
service-book and book of canons ; the articles of Perth were 
also promised to be abrogated, episcopacy promised to be 
limited, and an assembly and parliament presently called. But 
his instructions being so far short of this, he durst not ad- 
venture on publishing his majesty's declaration, knowing it 
would meet with a protestation; and as for that part of it 
which concerned the covenant, my lords of Traquair and 
Roxburgh told him he was the ruin of the country if he did 
not divide the declaration, and wholly leave out what concerned 
the covenant : this he said he would yield to, and put his head 
in the king's mercy, if they could assure him that thereby 
matters might be settled. 

57 Of all this he advertised the king, and told him he must 



— 59- of the state of affairs in Scotland. (1638.) 69 

resolve either to yield to all they demanded, or haste down his 
fleet quickly with two thousand land soldiers in it, and send 
down arms to the northern counties of England ; advising him 
also to send soldiers for garrisoning of Berwick and Carlisle, 
one thousand five hundred for Berwick, and five hundred for 
Carlisle ; and that his majesty would resolve to follow these 
orders in person with a royal army ; and there was no doubt 
of victory if the matter were well managed : but he represented 
withal that his majesty would consider how far in his wisdom 
he would connive at the madness of his own poor people, or 
how far in his justice he would punish their folly ; assuring 
him their present madness was such, that nothing but force 
would make them quit their covenant, and that they would all 
lay down their lives ere they would give it up. 

58 But that which he applied himself first to was the dispersing 
of the multitudes. After he held a council at Dalkeith, where 
his commission was only read and registered, he received 
addresses from the town of Edinburgh, humbly inviting him 
to come to Holyrood-house, which he refused, unless the ex- 
traordinary guards about their ports and the castle were dis- 
missed. But this being done, he went thither on the ninth of 
June : they were guessed to be about sixty thousand that met 
him, the greatest number that nation had seen together of a 
great while, among whom there were about five hundred 
ministers, and four of the most zealous had resolved to enter- 
tain him with speeches ; but this he shunned, not without great 
difficulty, so earnest were they to be disburdened of their 
harangues ; but they came to him in private, and with great 
vehemency, not without tears in their eyes, represented the 
danger religion was in, but kept themselves within bounds. 

59 And now he came to have access to their ears, and this was 
followed by that which always attended the engaging sweet- 
ness of his converse, for he began to gain ground on their 
affections : he shewed them how firm the king was to the 
protestant religion, and how ready to hazard life and crown 
in the defence of it ; that if any error had been committed in 
the way of introducing the late books, his majesty did more 
than correct that by his gracious condescensions ; that he was 
resolved (as soon as the country was settled) to call both an 
assembly and parliament, if they themselves obstructed it not : 



70 The marquis mollifies II. 59— 

but withal he represented to them the madness of hazarding 
on a rupture with the king ; they knew it would not be uneasy 55 
to engage England against them, the king's navy was in good 
case, and it would be no trouble to the king to destroy their 
trade, which would quickly impoverish the country ; therefore 
he desired they would follow such courses as might redeem 
themselves and their country from ruin and infamy. This 
prevailed with divers, and all acknowledged there was that 
strength of reason in his discourse, that it was not easy to 
resist him long and see him much : but there were rough and 
wild spirits, who could neither be tamed nor tuned right by it ; 
yet the multitudes began to disperse; but the covenant was so 
dear to them, that it was the endangering of all to speak of 
delivering it up. On the 15th of June he received the fol- 
lowing answer from his majesty to the accounts he had 
sent him. 

60 Hamilton, 

Though I answered not yours of the fourth, yet I assure you that 
I have not been idle, so that J hope by the next week I shall send 
you some good assurance of the advancing of our preparations. 
This I say not to make you precipitate any thing, (for I like of all 
you have hitherto done, and even of that which I find you mind to 
do) ; but to shew you that I mean to stick to my grounds, and that 
I expect not any thing can reduce that people to their obedience, but 
only force. I thank you for the clearness of your advertisements, 
of all which none troubles me so much, as (that in a manner) they 
have possessed themselves of the castle of Edinburgh ; and likewise 
I hold Sterling as good as lost. As for the dividing of my declara- 
tion, I find it most fit (in that way you have resolved it) ; to which 
I shall add, that I am content to forbear the latter part thereof, until 
you hear my fleet hath set sail for Scotland. In the mean time 
your care must be how to dissolve the multitude, and (if it be 
possible) to possess yourself of my castles of Edinburgh and Ster- 
ling, (which I do not expect). And to this end I give you leave to 
flatter them with what hopes you please, so you engage not me 
against my grounds ; (and in particular that you consent neither to 
the calling of parliament nor general assembly, until the covenant 
be disavowed and given up ;) your chief end being now to win time, 
that they may not commit public follies until I be ready to suppress 
them : and since it is (as you well observe) my own people, which 



— 6\. some of the covenanters. (1638.) 71 

by this means will be for a time ruined, so that the loss must be 
inevitably mine ; and this, if I could eschew, (were it not with a 
greater,) were well. But when I consider that not only now my 
crown, but my reputation for ever, lies at stake, I must rather suffer 
the first that time will help, than this last, which is irreparable. 
This I have written to no other end, than to shew you I will rather 
die than yield to those impertinent and damnable demands, (as you 5^ 
rightly call them) ; for it is all one as to yield to be no king in a 
very short time. So wishing you better success than I can expect, 
I rest 

Greenwich, Your assured constant friend, 

11 Jan*, 1638. Charles R. 

P. S. — As the affairs are now, I do not expect that you should 
declare the adherers to the covenant traitors, until (as I have already- 
said) you have heard from me that my fleet hath set sail for Scot- 
land, though your six weeks should be elapsed. In a word, gain time 
by all the honest means you can, without forsaking your grounds, 

61 But he had taken his resolution about this set down in the 
postscript before he got the king's answer ; for he wrote to 
the archbishop of Canterbury that he was resolved on it, 
finding the hazard on the one side was a present rupture, 
which would have been the ruin of the king's affairs, and of 
all his friends ; whereas the hazard of not doing it was only 
the cutting off his head for transgressing his instructions, 
which he was willing not only to endanger, but lose for the 
king's service. But till the multitudes were wholly dispersed 
he durst not hazard on the publishing of the proclamation, 
lest authority might have met with an affront in it. This was 
now doing apace, commissioners only staying in name of the 
rest ; but all the ministers hearing that the covenant must 
be given up, or no treaty,, made their pulpits ring with it ; 
and the marquis was to purpose inveighed against, some not 
sparing to say that the fagots in hell were prepared for his 
reward : but all declared they would never quit their cove- 
nant but with their lives. A protestation was also resolved 
on, whenever the declaration should be published, which made 
it be delayed a little longer ; and it was told him by the 
king's advocate, that a protestation might be legally made, 
and that it had been done so in the year 1621. But for all 



72 The marquis advises the king to bring II. 61 — 

this things begun to promise some likelihood of settlement, 
which made him write to the king not to proceed in his 
warlike preparations till things were more desperate ; to 
which he received the following answer: 

62 Hamilton, 

The dealing with multitudes makes diversity of advertisement no 
way strange, and certainly the alteration from worse to less ill 
cannot be displeasing : wherefore you may be confident I cannot 
but approve your proceedings hitherto ; for certainly you have gained 
a very considerable point, in making the heady multitude begin to 
disperse, without having engaged me in any unfitting thing. I shall 57 
take your advice in staying the public preparations for force ; but in 
a silent way (by your leave) I will not leave to prepare, that I may 
be ready upon the least advertisement. Now I hope there may be 
a possibility of securing my castles, but I confess it must be done 
closely and cunningly. One of the chief things you are to labour 
now is to get a considerable number of sessioners and advocates, to 
give their opinion that the covenant is at least against law, if not 
treasonable. Thus you have my approbation in several shapes, 
therefore you need not doubt but that I am 

Theobalds, Your assured constant friend, 

13 Jim.1638. Charles R. 

63 At this time the session sat not, for the town and country 
about Sterling threatened them, so that they could not return 
thither ; wherefore the marquis desired a warrant from the 
king to bring the session back to Edinburgh, both because it 
was not fit they should be too far from himself and the council, 
as also that many of the covenanters were broken in their 
estates, so that if justice were patent some of the most 
troublesome of them might be driven away ; but chiefly the 
settling them again in Edinburgh looked like a resolution of 
going on with a treaty, of which it was fit they should be 
persuaded till the king were in a good posture for reducing 
them. He tried what assurance he might have of the lords 
of the session being fixed to their duty. Divers of them, who 
were no ill-wishers to the king's authority, yet durst not own 
it, being threatened by the covenanters ; of some he had all 
reason to hope well, yet the greater part of that court, what 
through fear, what through inclination, was so biassed, that he 



— 64. hack the session to Edinburgh. (1638.) 73 

saw little hope of prevailing with the college of justice, whe- 
ther judges or lawyers,, to declare the covenant seditious or 
treasonable; and he was secure of none who sat on the 
bench, save sir Robert Spottiswood president, sir John Hay 
clerk-register, and sir Andrew Fletcher of Innerpeffer, Haly- 
burton of Fotherance, and one or two more : the first of 
these was among the most accomplished of his nation, equally 
singular for his ability and integrity ; but he was the arch- 
bishop of St. Andrew's son, and so his decision in that would 
have been of the less weight. 
64 On the 1 6th of June the covenanters came and presented 
their petitions to the marquis, craving a present redress of 
their grievances, otherwise, they said, they would be put off no 
longer by delays ; and they desired he would propose the 
matter to the council, and give them a speedy answer. He 
told them that his majesty did resolve to call both an assem- 
bly and parliament for the redress of all grievances ; but if 
this was not yet done, they had nothing but the disorders of 
the country to blame for it, which should be no sooner com- 
posed but all their desires should be fully examined. They 
went away no way satisfied with this answer ; but the mar- 
quis found all the lords of council inclined to the granting of 
what they demanded, so that he durst call no council about 5 8 
it, lest they should have avowedly sided with the covenanters ; 
of which he advertised his majesty, shewing him, that persons 
of all ranks pressed him to represent to him that the covenant 
was not illegal, and that if his majesty would allow of the 
explication of the bond of mutual defence, which they offered, 
(that they meant not thereby to derogate any thing from the 
king's authority, for whom they were ready to hazard their 
lives,) all might be settled without more trouble, either to the 
king or country; and that otherwise it must needs end in 
blood. He desired his majesty would consider well in what 
forwardness his preparations were, before he hazarded on a 
rupture; lest if they had the start of him, all his faithful 
servants in Scotland should be ruined ere he could come to 
their rescue. England wanted not its own discontents, and 
they in Scotland seemed confident that they had many good 
friends there; France had not forgot the isle of Rhea, and had 
certainly a hand in cherishing those broils in Scotland. He 



74 Draught of an explanation of the covenant. II. 64- 

also added, the covenanters' resolution was upon the first rup- 
ture to march into England, and make that the seat of the war. 
Upon all this he craved his majesty's pleasure, which he would 
punctually obey; and ended, begging pardon for the fair 
hopes he had given him in his last, protesting, that his desire 
of seeing royal authority again settled, without a bloody de- 
cision, (for which he was gladly willing to sacrifice his life,) 
made him too easy sometimes to believe what he so earnestly 
desired. 
6 5 Thus I give the most material heads of the marquis's dis- 
patches to his majesty ; for though the originals of them be 
in my hands, yet they are not inserted, both because of their 
being too long and too particular for public view; as also 
that the substance of them may be seen in the king's answers, 
which for many reasons are set down at their full length. 
But to this I shall add a surprising thing, that I find the 
archbishop of St. Andrew's was for accepting an explanation 
of the covenant, for a draught of it yet remains under his pen, 
which follows : 

We the noblemen, barons, burgesses, ministers and others, that 
have joined in the late bond or covenant for the maintaining of true 
religion and purity of God's worship in this kingdom, having under- 
stood that our sovereign lord the king's majesty is with this our 
doing highly offended, as if we thereby had usurped his majesty's 
authority, and shaken off all obedience to his majesty and to his 
laws ; for clearing ourselves of that imputation do hereby declare, 
and in the presence of God Almighty solemnly protest, that it did 
never so much as enter into our thoughts, to derogate any thing 
from his majesty's power and authority royal, or to disobey and 
rebel against his majesty's laws ; and that all our proceedings hitherto 
by petitioning, protesting, covenanting, and whatsoever other way, 
was and is only for the maintaining of true religion by us professed, 
and with express reservation of our obedience to his most sacred 
majesty ; most humbly beseeching his majesty so to esteem and 
accept of us, that he will be graciously pleased to call a national 
assembly and parliament, for removing the fears we have not with- 
out cause (as we think) conceived of introducing in this church 
another form of worship than what we have been accustomed with, 
as likewise for satisfying our just grievances, and the settling of a 
constant and solid order to be kept in all time coming, as well in 



-66. The king's answer to the marquis's dispatch. (1638.) 75 

the civil and ecclesiastical government: which if we shall by the 59 
intercession of your grace obtain, we faithfully promise (according 
to our bounden duties) to continue in his majesty's obedience, and 
at our utmost powers to procure the same during our lives, and for 
the same to rest and remain 

Your grace's obliged servants, &c. 

66 His majesty's answer follows : 

Hamilton, 
I do not wonder, though I am very sorry for your last dispatch, 
to which I shall answer nothing concerning what you have done or 
mean to do, because I have approved all, and still desire you to be- 
lieve I do so, until I shall contradict it with my own hand. What 
now I write is, first to shew you in what estate I am, and then to 
have your advice in some things. My train of artillery, consisting 
of forty piece of ordnance, (with the appurtenances,) all drakes, (half 
and more of which are to be drawn with one or two horses apiece,) 
is in good forwardness, and I hope will be ready within six weeks ; 
for I am sure there wants neither money nor materials to do it with. 
I have taken as good order as I can for the present for securing 
of Carlisle and Berwick ; but of this you shall have more certainty 
by my next. I have sent for arms to Holland for fourteen thousand 
foot and two thousand horse : for my ships they are ready, and I 
have given order to send three for the coast of Ireland immediately, 
under pretence to defend our fishermen. Last of all, which is indeed 
most of all, I have consulted with the treasurer and chancellor of the 
exchequer for money for this year's expedition, which I estimate at 
two hundred thousand pounds sterling, which they doubt not but 
to furnish me : more I have done, but these are the chief heads. 
Now for your advice, I desire to know whether you think it fit that 
I should send six thousand landmen with the fleet that goes to the 
Frittr, or not ; for since you cannot secure me my castle of Edinburgh, 
it is a question whether you can secure the landing of those men, 
and if with them you can make yourself master of Leith, to fortify 
and keep it : of this I desire you to send me your resolution with all 
speed. I leave it to your consideration whether you will not think 
it fit to see if you can make all the guns of the castle of Edinburgh 
unserviceable for any body, since they cannot be useful for me. Thus 
you may see that I intend not to yield to the demands of those 
traitors the covenanters, who I think will declare themselves so by 
their actions before I shall do it by my proclamation, which I shall 
not be sorry for, so that it be without the personal hurt of you or any 60 



76 The ling's answer to another dispatch. II. 66— 

other of my honest servants, or the taking of any English place. 
This is to shew you that I care not for their affronting or disobeying 
my Declaration, so that it go not to open mischief, and that I may 
have some time to end my preparations. So I rest 

Greenwich, Your assured constant friend, 

20 June, 1638. Charles R. 

67 The marquis did again send a new dispatch, much of the 
same strain with the former, before he had received this letter, 
representing the great hazards he apprehended from a breach, 
and that he feared the king would be faintly followed by the 
English : withal he gave the king a large account of the ex- 
planation was offered to that part of the covenant by which 
they were bound to mutual defence; to which his majesty 
wrote the following answer : 

Hamilton, 
I must needs thank you that you stand so close and constantly to 
my grounds, and you deserve the more since your fellow counsellors 
do rather dishearten than help you in this business ; for which, I 
swear, I pity you much. There be two things in your letter that 
require answer, to wit, the answer to their petition, and concerning 
the explanation of their damnable covenant ; for the first, the telling 
you that I have not changed my mind in this particular is answer 
sufficient, since it was both foreseen by me, and fully debated betwixt 
us two before your down going ; and for the other, I will only say 
that so long as this covenant is in force, (whether it be with or 
without explanation,) I have no more power in Scotland than as a 
duke of Venice, which I will rather die than suffer : yet I commend 
the giving ear to the explanation, or any thing else to win time, 
which now I see is one of your chiefest cares, wherefore I need not 
recommend it to you. Another I know is, to shew the world clearly 
that my taking of arms is to suppress rebellion, and not to impose 
novelties, but that they are the seekers of them ; wherefore if upon 
the publishing of my Declaration a protestation should follow, I should 
think it would rather do right than wrong to my cause : and for 
their calling a parliament or assembly without me I should not much 
be sorry, for it would the more loudly declare them traitors, and the 
more justify my actions ; therefore in my mind my Declaration would 
not be long delayed ; but this is a bare opinion, and no command. 
Lastly, my resolution is to come myself in person, accompanied like 61 
myself ; sea forces nor Ireland shall not be forgotten ; the particulars 
of which I leave to the comptroller's relation, as I do two particulars 



— 6g. The marquis threatens the covenanters. (1638.) 77 

to the archbishop of Canterbury, which you forgot to mention in 
my letter : and so I rest 

Greenwich, Your assured constant friend, 

25 June, 1638. Charles R. 

68 Upon this the marquis spoke big to them, and threatened 
to leave the employment, and go to court, but to return to 
Scotland again shortly, attending his majesty in another 
posture. This cooled, their courage a little, for they were not 
then in a posture for a breach ; and so they spoke more mildly, 
saying that they were sorry his majesty mistook their good 
and innocent intentions, all they designed being the preser- 
vation of religion and laws, and that if these were secured, 
they would demean themselves in all time coming as good 
subjects : he said, if they would all go home to their houses, 
he would beg liberty to wait on his majesty with their desires, 
and return them an answer within three weeks or a month. 
But the true reasons that moved him to desire permission to 
go up, were, that hereby he gained so much more time, as 
also he would more fully inform the king of the state of affairs, 
and see in what forwardness the king's preparations were; 
but chiefly to try what he could prevail about establishing the 
Confession of Faith which had passed in parliament 1567 ; for 
he judged if his majesty did sign and authorize that confes- 
sion with a bond for defending it in subordination to the 
king's authority, it might give full satisfaction to all that there 
should be no innovation in religion ; at least the vulgar, who 
had been poisoned with those fears, might be recovered, a 
considerable party of the covenanters gained, and his majesty's 
cause made more favourable to all the world. This was not 
to be moved or managed by letters ; therefore he begged per- 
mission to wait upon his majesty, which the king granted in 
the following letter : 

Hamilton, 
69 Yours of the 24th (though it be long) requires but a short answer, 
it being only to have leave to come up, which is grounded upon so 
good reason that I cannot but grant it. Some considerations in the 
mean time I think fit to put to you ; first, to take heed how you 
engage yourself in the way of mediation to me, for though I would 
not have you refuse to bring up to me any demand of theirs to gain 
time, yet I would not have you promise to mediate for any thing 



78 Letter from the bishop of Boss II. 69 — 

that is against my grounds ; for if you do, I must either prejudice 
myself in the granting, or you in denying : then, I would have you 
take care that no more subscriptions be urged upon any, especially 
of council or session : lastly, that you leave such encouragement to 
these few that have not yet forsaken my cause, that they may be 62 
assured (as well as I) that your up-coming is neither to desert them 
nor it. And thus certainly if (as you write) you get the mutinous 
multitude once dispersed, you will have done me very good service, 
for I am confident that my Declaration, published before your coming 
away, (according to the alterations that I have given you leave to 
make,) will give some stop to their madnesses : however, your endea- 
vours have been such, that you shall be welcome to 

Greenwich, Your assured constant friend, 

29 June 1638. Charles R. 

7° The king did also signify to him by my lord of Canterbury, 
that he appointed him to add to the Declaration some general 
words, giving hopes of an assembly and parliament, by whom 
also he gave him warrant for calling the session to Edinburgh. 

71 To this I shall add a letter of the bishop of Ross to the 
marquis, which will shew what sense the bishops had of his 
proceedings all this while. 

My Lord, may it please your Grace, 
We are exceeding sorry to hear that the success of your lordship's 
travels in this difficult business is otherwise than good Christians and 
subjects do wish and heartily pray for ; but on the other part, are 
glad to hear from our friends there, that whereof we were ever 
confident, that nothing is omitted by your lordship to effectuate what 
is necessary for his majesty's honour, and expedient for the good 
and quiet of that poor distracted and distempered kingdom. For 
my own part give me leave, without either flattery or presumption, to 
say ingenuously, that the course your lordship keeps seemeth to be 
such as all good and wise men must approve your lordship's wisdom 
and loyalty. Infallibly the fruit will be, besides the warrant your 
lordship, hath in your own conscience by this noble and wise carriage, 
your lordship must be more (if any accruement can be to former 
deserts) beloved of your master : it will endear your lordship more 
to all good, wise, and well-affected patriots, and oblige all, especially 
honest churchmen, to be your servants. It cannot seem strange to 
any wise heart who looks on the distemper of that kingdom wherein 
is the concourse of so many different and divers distempers, where 
so many of all sorts of different judgments and no less variety of 



■J i. to the marquis. (1638.) 79 

affections are so strongly engaged, and where many have their own 
private ends ; that the best, wisest, and most powerful agents, are 
not able on a sudden to rectify their judgments, cure their affections, 
and by disappointing the private intentions of some, to reduce all to 
order, peace, and quiet. In any great work of this strain we must 
all rely somewhat more on the wise and gracious providence of God, 
than in other ordinary accidents : He is able to work good out of ill, 
light out of darkness, and order out of confusion : which I pray God 
heartily we may see, to his glory, the king's honour, and peace of 
the Church and State, without any other effect upon any author or 
abettor of these disorders but of God's mercy and his majesty's 63 
royal clemency. In this I fear I have exceeded more, possibly, than 
becomes me with your grace ; but as I humbly beg pardon, so I 
trust your lordship's goodness will easily pardon the expressions of a 
poor heart surcharged with grief, not so much flowing from or 
following the fear of any personal or private evil can befall it, as 
fearing the danger the public is in because of our sins, which are 
calling for vengeance. God of his mercy give us repentance, and be 
merciful to that Church and State. 

We can return nothing for your lordship's care and kindness to 
us but humble and hearty thanks, and earnestly pray God Almighty 
for all honour, wealth, and happiness to your lordship here and 
hence. 

As your lordship hath commanded us, we shall go from hence, 
and where we pitch our abode with the first opportunity shall 
acquaint your lordship. We were advised by our best friends to 
do so before we received your lordship's ; but that obedience we 
owe and promised to his majesty and your lordship made us that 
we would not stir for any advertisement or advice, how necessary 
or affectionate soever, till we had your lordship's warrant. 

All that kind respect which is above our desert and condition, 
and tender care your lordship hath expressed to us for our safety, 
and that which your lordship hath superadded out of your noble 
bounty, desiring us to be so bold as to shew your lordship what 
money or any thing else necessary we stand in need of, that your 
lordship may supply our necessity in this, hath so perplexed us for a 
time, that we knew not what to choose ; on the one part being 
ashamed to do it, both because it seemeth impertinent and incon- 
gruous to trouble one of your lordship's honour, place, and employ- 
ment with matters of this kind, and especially so unreasonably at 
such a time, when your lordship is at such charge for the honour of 
his majesty's service ; as also that we are unprofitable, and cannot 



80 The session sits again at Edinburgh. II. 71 — 

be useful to your lordship in any kind, and so how should we to 
other troubles we make your lordship add this, to be chargeable : 
yet your lordship's noble and generous offer, and the necessity we 
are cast into at this present, that what is our own or due to us we 
cannot command, and know as little who will do us the favour at 
this time to trust us, hath made us (seeing obedience is better than 
sacrifice) to cast ourselves upon your lordship's bounty and favour ; 
fearing on the one part your lordship may be offended if we do it 
not, and on the other, that otherwise we cannot be provided ; there- 
fore I humbly entreat your lordship to let me have with the bearer 
a hundred and fifty pieces,, payable at Whitsunday next with the in- 
terest, or Martinmas, as your lordship pleases ; for which your lord- 
ship shall receive from the bearer my own personal bond. Here 
and at this time I cannot give better security, but by God's grace 
your lordship shall be in no danger, come the world as it will. 

I have more than need to beg humble pardon for my unmannerly 
and impertinent importunities in troubling your lordship at this 
time, taken up with weighty affairs, if it were but to read this long 
paper ; and that I offend no more in this kind, I shut up all with 
my hearty prayers to God Almighty for all honour and happiness to 
your lordship, and an effectual blessing upon your travels. So wisheth 
he who shall be, whilst he lives, 

Berwick Your grace's most humble and 

2 9 ih Ju ™, l6 38. bounden servant, 

Jo. Rossen. 

72 The marquis had orders from his majesty to see the bishops 64 
or other churchmen, who suffered for their duty, relieved 
out of the treasury, but that was exhausted ; yet the mar- 
quis was careful that none of them should want, and there- 
fore supplied them liberally out of his own money, even with- 
out taking from them any legal security for repayment, as 
appears by the accounts of his trustees at that time. 

73 Upon the king^ pleasure, that was signified by the arch- 
bishop of Canterbury, the marquis emitted a proclamation for 
the sessions sitting down on the second of July at Edinburgh, 
and thither he went that day to intimate to them his majesty's 
goodness for them, in not putting them to the trouble and 
expense of removing their families elsewhere ; wherefore he 
recommended his majesty's service to them, and that if any 
thing came from the tables, they should not fail to pass that 
censure on it which was according to law. Next he called 



— 75- The marquis takes care of the king's castles. (1638.) 81 

for the covenanters' petitions, which he promised to present 
to his majesty, and return them an answer betwixt that and 
the fifth of August : with which they were satisfied for that 
time. 
74 On the fourth of July he held a council, and presented the 
king's Declaration to the councillors, and, having beforehand 
prepared most of them with a great deal of industry, he got 
it signed by them all, and an act passed, that the subjects 
ought to rest satisfied with it. It was immediately sent to 
the market-cross, and proclaimed; but notwithstanding all 
the grace it contained, it met with a protestation from the 
tables. But upon the back of this the marquis met with one 
of the most troublesome passages of his whole negotiation. 
There were some councillors who were not satisfied with the 
Declaration, and those he got to be absent from council that 
day; but divers of those who had signed the act (that the 
subjects ought to rest satisfied with the Declaration) came 
afterwards to him, telling him, that he had pressed them to 
what they had not well considered when they did it, but upon 
second thoughts they found they had wronged their con- 
sciences ; wherefore they desired he would call a new council, 
that they might retract what they had done. This he studied 
to divert by all means, representing how contrary it would be 
to their honour and to the king's service and good of the 
country ; and so he shook them off that night : but next day 
those and many more came to him with the same desires, and, 
say or do what he could, nothing would prevail with them; 
for they told him plainly, if he called not a council, they would 
find another way to make their retractation well enough known, 
and that was to subscribe the covenant. The marquis having 
spoken with the whole council apart, found that three parts 
of four would immediately fall off, if he gave them not satis- 
faction ; and judging that such a visible breach with the 
council would ruin the king's affairs, therefore, since the act 
was not registered, but only subscribed, he thought the course 
that had least danger in it was to tear it before them : by this 
means he got that storm calmed. 
75 All this while that he had been in Scotland he had not for- 
got the king's orders about his castles. Dumbriton was se- 
cured, though it run a risk, the constable being at London, 
Hamilton. g 



82 The marquis gives the king an account of II. 75 — 

and the under-keeper taking the covenant ; but he called home 
sir William Stewart, who was constable under the duke of 
Lenox, to wait on his charge; and this delivered him from 
that hazard. 

76 As for Edinburgh castle, which was then in the earl of 
Marre's hand, it cost him more trouble. Divers of the earl 65 
of Marre's friends, who had much credit with him, being not 

. well inclined, and much being trusted to the constable, he 
durst not in the king's name require him to yield it up, lest 
that had hasted on a rupture ; and he could not prevail by 
fairer ways at first : but the issue of this shall be told in its 
due place. 

77 This being done, the marquis took his journey, and on the 
way he had the following letter from his majesty : 

Hamilton, 

I hope that this will find you on the way hitherward ; wherefore, 

remitting all business till I speak with you, these lines are only to 

hearten you in your journey, for I think that it will be very much for 

my service. So desiring you to make as much haste as the weather 

will permit, I rest 

Greenwich, the ' v ■, . £ ■ , 

gth July, 1638. Your assured constant friend, 

Charles R. 

P. S. — Forget not to bring with you the copies of all the procla- 
mations and protestations that have been made. 

78 When he came to court he gave the king a full account 
of all had passed in Scotland, and of the strength and fury 
of the covenanters, together with the inconstancy of many 
of the council, and how his majesty had been abused in the 
hopes he was put in of the readiness of his preparations in 
England : which I gather from some little notes he took of 
things, and the copies of his letters. 

7 9 He next told his majesty that nothing prevailed so much 
on the vulgar in Scotland as the cursed insinuations were 
given of his majesty's staggering in the protestant religion ; 
wherefore he proposed that his majesty might cause renew 
the confession of faith, which was established at the reforma- 
tion, and ratified in parliament anno 1567 : and to that his 
majesty did readily consent. 

80 At length his majesty having considered for some days of 



— 8 1. affairs, and gets fuller instructions. (1638.) 83 

the whole affair, and having fully debated every particular with 
the marquis and my lord of Canterbury, in end his goodness 
and paternal affection for his poor subjects overcame all that 
indignation which their actions had raised in him ; wherefore 
he resolved on enlarging his instructions, which he did as 
follows : 

81 Charles R. 

You shall try by all means to see if the council will sign the con- 
fession of faith, established by act of parliament, with the new bond 
joined thereto ; but you are not publicly to put it to voting, except you 
be sure to carry it, and thereafter that probably they will stand to it. 

If the council do sign it, though the covenanters refuse, you shall 
proceed to the indicting of a free general assembly ; and though you 
cannot procure the council to sign it, yet you are to proceed to the 66 
indicting thereof, if you find that no other course can quiet business 
at this time. 

You shall labour by all fair means that the sitting of the assembly 
be not before the first of November, or longer if you can obtain it : 
for the place, we are pleased to leave it to your election : for the 
manner of indicting, you must be as cautious as you can, and strive 
to draw it as near as may be to the former assemblies in my father's 
time. 

You must labour that bishops may have votes in assemblies, 
which if you cannot obtain, then you are to protest in their favours 
in the most formal manner you can think of. 

As for the moderator in the assembly, you are to labour that he 
may be a bishop, which though you cannot obtain, yet you must 
give way to their election. 

You are to labour, that the five articles of Perth be held as indif- 
ferent ; strive that the admissions of ministers may continue as they 
are ; you may condescend, that the oaths of their admission be no 
other than is warranted by act of parliament. 

You are, if you find that it may any wise conduce to our service, 
to enact and publish the order made at Holyrood-house by our 
council the fifth of July last, for discharging the use of the Service- 
book, Book of Canons, and the practice of the high commission. 

You are to protest against the abolishing of bishops, and to give 
way to as few restrictions of their power as you can : as for the 
bishops not being capable of civil places, you must labour what you 
can to keep them free. 

You may give way that they shall be accountable to the general 

g 2 



84 The Icing writes to the council, II. 81 — 

assembly, which you shall indict at the rising of this against that 
time twelvemonth. 

As for the bishops' precedence, you are not to admit them of the 
assembly to meddle therewith, it being no point of religion, and 
totally in the crown. 

If the bishop of St. Andrew's, or any other, be accused of any 
crime, you are to give way to it, so they may have a free trial : and 
likewise the same of whatsoeever person or officer of state. 

It is left to your discretion what course bishops shall take that 
are for the present out of the country. 

You are to advise the bishops to forbear sitting at the council, till 
better and more favourable times for them. 

Notwithstanding all these instructions above-mentioned, or any 
other accident that may happen, (still labouring to keep up our 
honour so far as possibly you can,) you are by no means to permit a 
present rupture to happen, but to yield any thing though unreason- 
able, rather than now to break. 

London, the r> -o 

2*jth July, 1638. 

82 But with this his majesty ordered him to see that the coun- 
try were again settled before he indicted the assembly, that 
the moderators named by bishops in presbyteries might be 
again reponed, and, according to the act of the assembly 1606, 
they might be held necessary members of the assembly : that 
all ministers turned out since these stirs began might be 
again restored, and that all ministers admitted without 
bishops might desist from the exercise of their function : that 
all people might keep their own churches, and that bishops 
and ministers who took not the covenant might live quietly 
without disturbance, and have their stipends paid them. His 
majesty also gave warrant, that if need required he might call 6j 
a parliament against April next. And with these instructions 
the king wrote to the council the following letter : 

83 Charles R. 

Right trusty and well-beloved cousin, councillor and commissioner, 
and right trusty and well-beloved cousins and councillors, and trusty 
and well-beloved councillors, we greet you well. 

The great distractions which have of late arisen both in kirk and 
commonwealth, in that our ancient kingdom of Scotland, have much 
troubled the minds of many good and loyal subjects there, and these 
distractions have fallen out among them upon jealousies and fears of 



-84. and signs another declaration. (1638.) 85 

innovation in religion, and introducing of popery ; and not without 
some fears conceived amongst them, as if we ourself were that way 
inclined. 

Upon occasion of these fears they have of late signed a covenant, 
or bond, for conserving the religion established, and the laws of the 
country : but this bond, being not subscribed by royal leave and 
authority, (as was that in our dear father's time,) must needs be both 
null in itself, and very prejudicial to the ancient and laudable govern- 
ment of both kirk and commonwealth : which though we must de- 
clare unto you, yet, out of our inborn love to that our native country 
and loyal subjects there, and for the obviating of these causeless 
fears, and to satisfy yourselves and all our loving people, we do 
hereby under our hand let you know that we are and have ever been 
satisfied fully in our judgment and conscience both for the reformed 
religion and against the Roman ; and that by God's grace and good- 
ness we purpose both to live and die in the belief and practice of 
the religion now established, and to preserve it in full strength, ac- 
cording to the laws of that our kingdom : and to the end that this 
may appear to posterity how firm and settled we are in that our re- 
ligion, we require you our commissioner and council to see these 
letters registered according to course. 

Given at our court at Oatlands, July 30, 1638. 

84 His majesty signed also the following declaration : 

Charles R. 
The great distractions which of late have risen, both in kirk and 
commonwealth in this our ancient kingdom, have so troubled the 
minds of many of our good and loyal subjects there, that they have 
been possessed with fears, as if popery had been intended to have 
been introduced, and as if we ourself were that way inclined : upon 
occasion of which fears a covenant or bond of late hath been drawn 
up, intended by the subscribers (as doth appear by their supplication 
presented to our commissioner the 26th of June last) for conserving 
the religion and laws of the country ; but it not being done by royal 
leave and authority, as was that in our dear father's time, must be 
both null and void of itself, and much prejudicial to the ancient and 
laudable government of kirk and commonwealth : therefore we, for 
obviating those fears, which have been misconceived both against our 
person and profession for matters of religion, and to satisfy, not our 
loving subjects only, but all the Christian world, that we do, and (by 
God's grace) ever will maintain the true Christian and reformed 
religion established in this our kingdom, and to let the world see 68 



86 Debates between the covenanters II. 84 — 

that this shall be done in and with all freedom, according to the laws 
of our country, have signed the confession of faith established by act 
of parliament an. 1557, with this bond following, in defence of it and 
royal authority, laws, and liberties of the country ; and do also re- 
quire the present subscription of this confession and bond by all our 
loving subjects, that it may remain in force to posterity, that they 
may know how careful we are and have been to preserve the in- 
tegrity of religion and the freedom of our laws. 

85 Here the confession of faith was inserted, which is to be 

seen in the acts of parliament an. 1567, and therefore, 
it being of great length, the reader is referred to the 
acts of the parliaments of Scotland. 

86 Thereafter followed this ensuing bond. 

We and every one of us underwritten do protest and swear, in the 
presence of God Almighty, that we are truly and fully resolved in 
our consciences that this is the confession of the true faith of Christ 
established by the laws of this country, and that (by the grace of 
God) we will profess and maintain the same all the days of our 
lives ; and because the safety of religion, kirk, and commonwealth 
depends much upon the comfortable assistance which all of them 
daily receive from royal justice and authority, we protest and promise 
with our hearts, under the obligation of the same oath, to defend, 
not only this our religion, but the king's majesty's sacred person and 
authority, as also the laws and liberties of this our country under 
his majesty's sovereign power, with our best counsels, bodies, goods, 
and whole estates, according to the laws and against all sorts of 
persons, and in all things whatsoever, and likewise mutually to de- 
fend ourselves and one another in this abovementioned cause under 
the same obligation. 

87 But while the marquis was busy at court procuring this 
gracious answer to their demands, and while his majesty was 
condescending to such extraordinary favours to them, the 
covenanters in Scotland were going on, posting up and down 
the country for more subscriptions to the covenant : and be- 
cause the north continued firm to their duty, some noblemen 
and ministers went thither to draw them to their party, and on 
the 23rd of July they came to Aberdeen, where there was a 
company of worthy and learned doctors and professors. But 
the covenanter's welcome there was so cold, (all the subscrip- 
tions they got being but nineteen or twenty, and they were not 



-89. and the doctors in Aberdeen. (1638.) 87 

admitted to preach in the public churches, which made them 
preach in the court of the earl marshal's lodgings,) that they 
went away full of fury and threats against that place ; and 
this gave the rise to that debate which followed betwixt the 
doctors of Aberdeen and those ministers, which the learned 
doctors managed with so great advantage as did not a little 
confound the whole party : and the ministers being pinched 
by them about the lawfulness of combining without warrant 
of authority, alleged that my lord commissioner was satisfied 
with the covenant upon the offer of that explication was men- 
tioned formerly. But the falsehood of this calumny was cast 
back On them with shame by him at his return ; for as he had 
never expressed any satisfaction with their covenant, so all the 69 
ground they had for that was because, according to the king's 
order, he had treated about that explication to gain time. 

88 He brought along with him to Scotland dean Balcanqual, 
a man of great parts, of subtle wit, and so eloquent a preacher, 
that he seldom preached in Scotland without drawing tears 
from the auditors. Him the marquis intended to make use 
of as his council in church affairs, which trust he discharged 
faithfully and diligently, and received those informations which 
were made public in the large Declaration penned by him. 

89 The marquis came to Holyrood-house on the 1 oth of August, 
and found things in a much worse posture than he had left 
them, and that the flames were growing almost past quench- 
ing ; for at a convention of boroughs a few days before, they 
had enacted, that none might be magistrates or bear office in 
any borough except he had first taken the covenant : and the 
covenanters were resolved that bishops should have no vote in 
the assembly unless they were chosen by a presbytery, and 
they were sure that should not be. They were resolved 
to abolish episcopacy, and to declare it unlawful, and excom- 
municate, if not all, yet most of the bishops ; they were resolved 
to condemn the articles of Perth, and discharge bishops to 
vote in parliament; they were also resolved to ordain all, 
under pain of excommunication, to sign the covenant ; and, to 
shew they meant to break out into hostility, they were begin- 
ning to levy men in several places. But to make sure work 
of the assembly, they fell on a new device of lay-elders to be 
chosen commissioners, who should be men of the greatest 



88 The marquis makes known his majesty's intentions, II. 89— 

power and interest, whereby they doubted not to carry all 
things ; and because in a meeting at Edinburgh of ministers, 
being one hundred and twenty in number, about four parts of 
five were only for limiting of episcopacy, it was resolved by 
the junto that none of these should be commissioners. The 
marquis being surprised with so great a change of the state of 
affairs, gave account of all these inconveniences to his majesty, 
and resolved not to proceed to call a general assembly, since 
he saw what effects it was like to produce, till he first went 
and acquainted his majesty with these hazards. 

90 On the 13th of August the covenanters came to demand his 
answer : he told them he had a clear and full answer to give 
them, but desired to be excused till he first communicated it 
to the council, which was to sit next day. So they were satis- 
fied for that time, and on the fourteenth he held a council, 
where he delivered his majesty's answer in these terms : 

91 My Lords, 

I thought it fit to acquaint your lordships before I returned his 
majesty's answer to the noblemen and others petitioning for the 
same, which is so full of grace and goodness, that we have all cause 
to bless God and thank his majesty for it, such is his tender care of 
this poor distracted kingdom, that he will leave nothing undone 
that can be expected from a just prince to save us from ruin ; and 
since he finds such distraction in the church and state, that they 
cannot be well settled without a parliament and assembly, the state 
of the country and business being prepared for it, he hath given me 
warrant for calling of both, that they may be orderly held, as for- 
merly they have been, according to the laws and customs of the 70 
kingdom. 

And further I am to declare to your lordships, that this we are to 
attribute only to his goodness, for we cannot but acknowledge that 
our carriage hath been such, as justly we might have expected that 
he would have taken another course with us, which he was royally 
and really prepared for, (had not his mercy prevailed above his just 
indignation,) and by a powerful and forcible way have taught us obe- 
dience, which he hath forborn to make use of merely out of his grace 
and goodness. It is our duty to let his subjects know how great 
our obligation is to him, which every one of us in particular, and all 
of us in general, should strive to make every one sensible of; 
and labour, so far as lieth in our power, to procure satisfaction to his 
majesty, and quiet to this distracted church and state. 



— 93- ^ the covenanters were not satisfied. (1638.) 89 

9 2 The day following he gave the covenanters the same answer, 
with which they were no way satisfied. They asked what he 
meant by preparing of business ; he said it was to establish 
order and government again in the country as it was before 
those combustions; and upon this he gave them a note of 
those particulars his majesty ordered to be settled, and assured 
them immediately upon their obedience he should indict an 
assembly and parliament as he was instructed. They con- 
tinued treating about this till the 20th of August, but still 
declined to execute those particulars that were commanded, 
and threatened to call an assembly and parliament themselves : 
wherefore the marquis craved again the space of twenty days 
to go and bring an answer from his majesty, which he did to 
gain more time, and to shew the king into what extremities 
they were now run, and that it was necessary he should im- 
mediately break with them, or give way to the full career of 
their zeal : and so he took journey on the 25th to court. 

93 But the first night he stopped at Broxmouth, to consider 
with the earls of Traquair, Roxburgh, andSouthesk what advice 
to offer his majesty, who agreed on the following articles, 
taken from the original penned by Traquair. 

Since the cause and occasion of all the distractions which of late 
have happened both in kirk and polity seems to proceed from the 
conceived fears of innovation of religion and laws, and that the 
Service-book, Book of Canons, and the unbounded power of bishops 
in the high commission (never yet warranted by law) was that which 
first gave ground and occasion to the subjects' fears, and seeing the 
said books are offered to be proved to be full of tenets and doctrines 
contrary to the reformed religion professed and established within 
this kingdom, and the same introduced against all form and custom 
practised in this church ; it were an act of justice well beseeming 
so gracious and glorious a king absolutely and fully to discharge 
the same. 

And seeing likewise this high commission hath given so great 
offence to so many of your majesty's good subjects, and, as is con- 
stantly affirmed, is of so vast and limited a power, and contrary to 
express laws, by which all such judicatories not established by act 
of parliament are declared to be of no force ; it would much conduce 
to the satisfaction of this people if this judicatory were discharged 
till the same were established by law. 

The practice of the five articles of Perth hath been withstood by 



90 Articles of advice offered to the king, who II. 93 — 

the most considerable part of the subjects of all qualities, both laity 7 1 
and clergy, whereby great divisions have been in this church, and 
are like to have an increase, if your majesty (in your accustomed 
goodness and care of this poor kirk and kingdom) shall not be gra- 
ciously pleased to allow that the pressing of these articles may be 
forborn until the same may ( be considered of in an assembly and 
parliament; and although we conceive episcopacy to be a church 
government most agreeable with monarchy, yet the illimited power 
which the lords of the clergy of this kingdom have of late assumed 
to themselves, in admitting and deposing of ministers, and in divers 
other of their acts and proceedings, gives us just ground humbly to 
beg that your majesty may be pleased to remit to the consideration 
of the assembly this their unwarranted power. 

The sense and apprehension of these foresaid evils hath stirred 
up the subjects, without warrant of authority, to join in a bond and 
covenant, to withstand the foresaid innovations, and for maintenance 
of the true religion, the king's majesty's person, and of one another 
in the defence thereof. 

If your majesty might be graciously pleased in supplement hereof 
to allow or warrant such a confession of faith, with such a covenant 
or bond joined thereto as that signed by your majesty's father, and 
by his command, by the council, and most part of the kingdom, we 
are very confident the same would be a ready and forcible mean to 
quiet the present disorders, at least to satisfy most part ; and if 
your majesty shall condescend to the foresaid propositions, we are 
hopeful, if not confident, it shall give so great content to so con- 
siderable a number of your majesty's good subjects, of all qualities, 
that if any shall stand out, or withstand your majesty's royal plea- 
sure, after the publication thereof, they may be overtaken by your 
majesty's power within this kingdom, without the help or assistance 
of any force elsewhere. 

And because it is to be hoped that all that hath past in this 
business, and all the courses that have been taken herein by the 
subjects, hath proceeded from the foresaid fears of innovations, 
and not out of any disloyalty or dissatisfaction to sovereignty, and 
that your good people may still taste the fruits of your grace and 
goodness, we wish your majesty may be graciously pleased, upon 
the word of a king, to pardon what is past, and never so much as 
to take notice of any of the actions or proceedings of what person 
soever, who after this shall carry himself as becomes a dutiful sub- 
ject, and in testification thereof shall give his best assistance for 
settling the present disorders. 



— 95- reasons against receiving king James's covenant. (1638.) 91 

And if your majesty may be pleased to condescend hereto, we 
conceive all your majesty's subjects, petitioners or covenanters, 
should acquiesce, and rest heartily satisfied therewith ; and if any 
shall be so foolish or mad, as, notwithstanding this your majesty's 
grace and goodness, still to disturb the peace of your majesty's 
government, we in testification of our hearty thankfulness to our 
sovereign, by these humbly and heartily make offer of our lives and 
fortunes, for assisting your majesty, or your commissioner, in sup- 
pressing all such insolences or insolent persons. 

Signed, 

Hamilton. Roxburgh. 

Traquair. Southesk. 

94 From Broxmouth he went forward to wait on his majesty, 72 
and did shew him, that unless he enlarged his instructions he 
was to treat no further ; since he saw the contempt was like 
to be put on the last instructions so visibly, that he durst not 
make use of them, lest he should thereby have exposed his 
majesty's goodness to new affronts. And as he represented 
this to his majesty, so he told him, nothing seemed so likely 

a course for removing of jealousies and settling all things, as 
the authorizing the covenant that upon king James's com- 
mand was drawn up by Mr. John Craig, an. 1580, containing 
the renunciation of all the articles of popery, which was the 
ground of the present covenant. 

95 His majesty did utterly disrelish the proposition of signing 
that covenant, usually called the negative confession ; for he 
remembered how his father had resented his doing of that, 
as rash and indeliberate. And it seemed strange to him 
that so many negatives should be sworn to, especially with 
such aggravations of epithets ; as if one might not be firm 
enough to the protestant doctrine, unless he not only abjured 
popery in bulk, but also by retail, in so many particulars, 
some whereof might be both uncertain and indifferent. And 
it seemed tyrannical over tender consciences to require such 
an oath from all persons, but more especially from women, 
and simple people, who could not judge well, and so were not 
fit to swear in such nice points ; therefore the king said, he 
looked upon the remedy proposed as full as bad, if not worse, 
than the disease. The marquis was so far from denying this, 
that he confessed he could hardly, without straining of his 
own conscience, resolve on the doing of it himself, upon divers 



92 The marquis gets II. 95 — 

accounts; a chief one being, that in disclaiming of transub- 
stantiation, the real presence of the body and blood of Christ 
was rejected, which he could not sign without declaring, that 
by real he understood corporal (and this he accordingly 
declared when he signed it). But to this he added, that it 
was the idol of Scotland, and he saw no other way to reduce 
things to any temper, unless this course were taken and 
followed. 
96 He presented likewise to the king a paper of all the incon- 
veniences which were not only like to follow on the calling of 
an assembly, but seemed certain : which account was so full, 
that when the bishop of Ross came up after that, being sent 
by the bishops, to divert the king from calling an assembly, 
his majesty said, he offered no inconvenience could follow on 
it, but what the marquis had laid out to the full before him. 
And now the king resolved to try the utmost of yielding, for 
the recovery of his subjects ; therefore he again despatched 
his commissioner from Oatlands, on the tenth of September, 
with ample instructions, which follow : 

91 Charles R. 

I. You shall in full and ample manner, by proclamation or other- 
wise, as you shall see cause, declare, that we do absolutely revoke 
the Service-book, the Book of Canons, and the high commission. 

II. You shall likewise discharge the practice of the five articles of 
Perth, notwithstanding the act of parliament, which doth command 
the same, and in the said proclamation you shall promise, in our 
name, that if in the first parliament to be held the three estates 
shall think fit to repeal the said act, we shall then give our royal 73 
assent to the said act of repeal. 

III. You shall likewise declare, that we have enjoined and author- 
ized the lords of our privy council to subscribe the confession of 
faith, and bonds thereto annexed, which was subscribed by our dear 
father, and enjoined by his authority in the year 1580, and likewise 
have enjoined them to take order that all our subjects subscribe 
the same. 

IV. You shall likewise declare, that our meaning and pleasure is, 
that none of our subjects, whether ecclesiastical or civil, shall be 
exempted from censures and trial of the parliament, or general 
assembly, those courts proceeding against them in due form and 
order of law. 

V. You shall likewise declare, that we are graciously content 






-gj. new instructions. (1638.) 93 

that the episcopal government, already established, shall be limited 
with such instructions as may stand with the laws of this church 
and kingdom already established. 

VI. You shall offer a pardon by proclamation, and promise in it 
a ratification of the same in parliament, to all our good subjects, 
who shall rest satisfied with this our gracious declaration, and here- 
after carry themselves as becomes peaceable and dutiful subjects. 

VII. You shall procure an act of council, wherein every coun- 
cillor shall declare himself fully satisfied with this our declaration, 
and (if you can) they shall moreover solemnly swear and protest to 
adhere to us, and with their lives, fortunes, and whole means, assist 
us in the punishing and repressing all such as shall be found to be 
disobedient to us, or persist in turbulent and unpeaceable courses ; 
and if any of our concillors shall refuse so to do, you shall presently 
remove him from the place of a councillor. 

VIII. You shall likewise require every lord of the session to 
subscribe the confession of faith abovementioned, and the bond 
thereunto annexed ; as likewise to make the same protestation in all 
things as in the last instruction is required of a councillor : and if 
they shall refuse to do it, you shall then certify to us the names of 
such refusers. 

IX. You shall likewise declare that our pleasure is, that a most 
solemn fast be indicted upon a set day throughout the whole king- 
dom, which shall precede the general assembly in some competent 
time. The causes shall be declared, to beg God's blessing on that 
assembly, to beg of God a peaceable end to the distractions of this 
church and kingdom, with the aversion of God's heavy judgment 
from both. The form of indiction we desire to be according to the 
most laudable custom of this church in most extraordinary cases. 

X. You shall labour as much as in you lieth, that both the elect- 
ors, and persons elected to be commissioners at the general assem- 
bly, shall be the same that were wont to be in my father's time, 
and the same forms to be observed as near as may be ; but yet if 
that cannot be obtained, it shall be no let to you from indicting a 
general assembly ; but you shall go on in it, by all such means as 
you shall find to be most advantageous to me in that service. 

XI. The time and place of the assembly (Edinburgh only ex- 
cepted) we leave to your judgment and pleasure. 

XII. You shall likewise presently indict a parliament ; the time 
and place we leave likewise to you. 

XIII. Whether you shall first publish our gracious offers, or first 
indict the assembly, we leave it to your own judgment as you shall 
see cause. 



94 Instructions to be communicated to the bishops. II. 97 — 

XIV. If you shall find the most considerable part of the council 
not to acquiesce in this our gracious declaration, and not to promise 74 
hearty and cheerful assistance to us, as is above expressed, or not a 
considerable part of other lords and gentlemen, in case our council 
refuse, then you shall neither indict parliament nor assembly, nor 
publish any of my gracious offers, except only the abolishing of the 
Service-Book, Book of Canons, and high commission ; but leave them 
to themselves, and to such further order as we shall be forced to 
take with them : only if you foresee a breach, you shall give timely 
warning thereof, to such as have stood well affected to our service, 
that so they may in due time provide for their safety; and yourself 
is to return to us with expedition. 

XV 7 . You must by all means possible you can think of be infusing 
into the ministers what a wrong it will be unto them, and what an 
oppression upon the freedom of their judgments, if there must be 
such a number of laics to overbear them, both in their elections for 
the general assembly and afterwards. 

XVI. Likewise you must infuse into the lay-lords and gentlemen, 
with art and industry, how manifestly they will suffer if they let the 
presbyters get head upon them. 

XVII. For the forms of these we leave to you, and such learned 
council as you shall use upon the place, always provided that you 
retain the substance of these our instructions. 

XVIII. You shall enjoin in our name the lords of council and all 

other our good subjects to subscribe the confession of faith signed 

by our dear father ; and publish our charge to all commissioners 

and ministers for that end, according to the same, signed with our 

royal hand ; and further proceed in that particular according as we 

have directed you and our council by our letter to that effect. 

Oatlands the gth Charles R. 

of Septemb. 1638. 

! With these his majesty did also sign the following instruc- 
tions for his behaviour with the bishops : 

Charles R. 
You shall shew my lord of St. Andrew's that we intend, by being 
content with his demission of the chancellor's place, no injury to him ; 
and most willing we are, that in the manner of doing it he may 
receive no prejudice in his reputation, though we cannot admit at 
this time of his nominating a successor : and to make it more plain 
that we are far from having any thought to affront him, by thinking 
of his demission, we will in no ways that you urge him to do it ; 
yet you are to intimate, that in our opinion a fair demission will 



-99. The assembly was to sit at Glasgow. (1638.) 95 

prove more to the advancement of our service, and be better for 
him, than if he should retain the place. 

If you find him willing to demit, you shall then try what con- 
sideration he doth expect from us, and if the same be not altogether 
unreasonable, you shall promise it in our name. 

If a demission, then it is presently to be done. 

If he resolve to hold that place, then you must presently com- 
mand his repair to Scotland, all excuses set apart. 

You shall communicate to him and the rest of his brethren that 75 
far of our intentions, that it is probable you may indict a general 
assembly. 

That we are content absolutely to discharge the Books of Service, 
and Canons, and the high commission. 

You shall shew that the five articles of Perth we are pleased be 
esteemed as indifferent, and that though we maintain episcopacy, yet 
we will be content that their power be limited according to the 
laws. 

And it is our further pleasure, that if an assembly be indicted, he 
and the rest of his brethren be there to defend themselves and their 
cause : and for that end, that he and they repair to Newcastle, 
Morpeth, or Berwick, there to attend your further advertisement, 
that so immediately they may repair to Scotland, not only to answer 
for themselves at the said assembly, but likewise to consult with you 
what will be fittest to be done for the advancement of our service, 
that evil may be kept off so much as in you and them lieth, both 

from kirk and commonwealth. 

P "R 

Oatlands, the gth September, 1638. Ki " -"" 

99 As for the place where the assembly should be held, though 
in the written instructions it is referred to my lord commis- 
sioner's choice, (Edinburgh only excepted,) yet it seems it hath 
been concerted betwixt the king and him where it should 
hold ; for in a paper concerning the assembly, presented by 
the marquis to the king, yet extant, where mention is made 
of the place of the assembly, the king with his own hand in- 
terlined, Glasgow if may be ; and without doubt that was 
the fittest place : for as the city was large and convenient, so 
the magistracy there was right set. Besides, it was next to 
the place of the marquis's interest, whereby his power for 
overruling them might have been greatest ; neither was it fit 
they should go so far from the scene as Aberdeen, (which was 
advised by my lord St. Andrew's ;) since for the strangers it 



96 The national covenant, II. 99 — 

would have been all to one purpose, for thither they would all 
have flocked ; and it seemed not so proper they should meet 
in a place or country which was still well set, lest the numbers 
and boldness of those strangers had either poisoned or frighted 
them from their duty. But to make the whole matter clear, 
I shall here set down the covenant and bond which were now 
enjoined by his majesty. 

100 We all and every one of us underwritten, protest, that after long 
and due examination of our consciences in matters of true and false 
religion, we are now thoroughly resolved in the truth by the word 
and Spirit of God ; and therefore we believe with our hearts, confess 
with our mouths, subscribe with our hands, and constantly affirm 
before God and the whole world, that this only is the true Christian 
faith and religion, pleasing God and bringing salvation to man, which 
is now by the mercy of God revealed to the world by the preaching 
of the blessed evangel, and received, believed, and defended by many 
and sundry notable kirks and realms, but chiefly by the kirk of 
Scotland, the king's majesty, and the estates of this realm, as God's 
eternal truth and only ground of our salvation ; as more particularly 
is expressed in the confession of our faith, stablished and publicly 
confirmed by sundry acts of parliaments, and now of a long time 
hath been openly professed by the king's majesty and whole body of 
this realm, both in burgh and land : to the which confession and *j6 
form of religion we willingly agree in our consciences in all points, 
as unto God's undoubted truth and verity, grounded only upon his 
written word ; and therefore we abhor and detest all contrary reli- 
gion and doctrine, but chiefly all kind of papistry in general, and 
particular heads, even as they are now damned and confuted by the 
word of God and kirk of Scotland. But in special we detest and 
refuse the usurped authority of that Roman antichrist upon the 
scriptures of God, upon the kirk and civil magistrate and consciences 
of men ; all his tyrannous laws made upon indifferent things against 
our Christian liberty, his erroneous doctrine against the sufficiency of 
the written word, the perfection of the law, the office of Christ, and 
his blessed evangel ; his corrupted doctrine concerning original sin, 
our natural inability and rebellion to God's law, our justification by 
faith only, our imperfect sanctification, and obedience to the law, the 
nature, number, and use of the holy sacraments ; his five bastard 
sacraments, with all his rites, ceremonies, and false doctrine, added 
to the ministration of the true sacraments without the word of God, 
his cruel judgments against infants departing without the sacrament, 



■ioo. now received by the king's order. (1638.) 97 

his absolute necessity of baptism, his blasphemous opinion of tran- 
substantiation, or real presence of Christ's body in the elements, and 
receiving of the same by the wicked, or bodies of men ; his dispen- 
sations with solemn oaths, perjuries, and degrees of marriage for- 
bidden in the word, his cruelty against the innocent divorced, his 
devilish mass, his blasphemous priesthood, his profane sacrifice for 
the sins of the dead and the quick, his canonization of men, calling 
upon angels or saints departed, worshipping of imagery, relicks, and 
crosses, dedicating of kirks, altars, days, vows to creatures ; his 
purgatory, prayers for the dead, praying or speaking in strange lan- 
guage, with his processions and blasphemous litany, and multitude 
of advocates or mediators ; his manifold orders, auricular confession, 
his desperate and uncertain repentance, his general and doubtsome 
faith ; his satisfactions of men for their sins, his justification by 
works, opus operatum, works of supererogation, merits, pardons, 
peregrinations, and stations ; his holy water, baptizing of bells, con- 
juring of spirits, crossing, saning, anointing, conjuring, hallowing of 
God's good creatures, with the superstitious opinion joined therewith ; 
his worldly monarchy and wicked hierarchy, his three solemn vows, 
with all the shavellings of sundry sorts ; his erroneous and bloody 
decrees made at Trent, with all the subscribers and approvers of that 
cruel and bloody bond, conjured against the kirk of God ; and finally 
we detest all his vain allegories, rites, signs, and traditions brought 
into the kirk, without or against the word of God, and doctrine of 
his true reformed kirk, to the which we join ourselves willingly in 
doctrine, faith, religion, discipline, and use of the holy sacraments, 
as lively members of the same in Christ our head ; promising and 
swearing, by the great name of the Lord our God, that we shall con- 
tinue in obedience of the doctrine and discipline of this kirk, and 
shall defend the same according to our vocation and power all the 
days of our lives, under the pains contained in the law, and danger 
both of body and soul in the day of God's fearful judgment : and 
seeing that many are stirred up by Satan and that Roman antichrist 
to promise, swear, subscribe, and for a time use the holy sacrament 
in the kirk deceitfully against their own consciences, minding hereby 
first, under the external cloak of religion, to corrupt and subvert 
secretly God's true religion within the kirk, and afterward, where 
time may serve, to become open enemies and persecutors of the 7 7 
same under vain hope of the pope's dispensation devised against the 
word of God, to his greater confusion, and their double condem- 
nation in the day of the Lord Jesus. 

We therefore, willing to take away all suspicion of hypocrisy, and 
Hamilton. h 



98 The bond which was joined II. roo — 

such double-dealing with God and his kirk, protest and call the 
Searcher of all hearts to witness that our minds and hearts do fully 
agree with this our confession, promise, oath, and subscription, so 
that we are not moved for any worldly respect, but are persuaded 
only in our consciences through the knowledge and love of God's 
true religion printed in our hearts by the Holy Spirit, as we shall 
answer to him in the day when the secrets of all hearts shall be dis- 
closed. And because we perceive that the quietness and stability of 
our religion and kirk doth depend upon the safety and good beha- 
viour of the king's majesty, as upon a comfortable instrument of 
God's mercy granted to this country for the maintenance of his kirk 
and ministration of justice among us, we protest and promise with 
our hearts, under the same oath, hand- writ, and pains, that we shall 
defend his person and authority with our bodies and lives, in the 
defence of Christ his evangel, liberties of our country, ministration 
of justice, and punishment of iniquity, against all enemies within 
this realm or without, as we desire our God to be a strong and 
merciful defender to us in the day of our death, and coming of our 
Lord Jesus Christ, to whom with the Father and the Holy Spirit be 
all honour and glory eternally. Amen. 

101 WE underscribing and considering the straight link and conjunc- 
tion betwixt the true and Christian religion presently professed within 
this realm, and our sovereign lord's estate and standing, having both 
the selfsame friends and common enemies, and subject to the like 
event of standing and decay ; weighing therewithal the imminent 
danger threatened to the said religion, the preservation whereof 
being dearer to us than whatsoever we have dearest to us in this 
life, and finding in his majesty a most honourable and Christian re- 
solution, to manifest himself to the world that zealous and religious 
prince which he hath hitherto professed, and to employ the means 
and power that God hath put into his hands, as well to the with- 
standing of whatsoever foreign force shall mean within this land for 
alteration of the said religion or endangering of the present state, as 
to the repressing of the inward enemies thereto amongst ourselves, 
linked with them in the said antichristian league and confederacy, 
have therefore in the presence of Almighty God, and with his 
majesty's authorizing and allowance, faithfully promised and solemnly 
sworn, like as we hereby faithfully and solemnly swear and promise, 
to take a true effauld and plain part with his majesty amongst our- 
selves, for diverting of the appearing danger threatened to the said 
religion, and his majesty's state and standing depending thereupon, 
by whatsoever foreign or intestine plots or preparations ; and to that 



ioi. to the national covenant. (1638.) 99 

effect, faithfully, and that upon our truth and honours, bind and 
oblige us to others to convene and assemble ourselves publicly with 
our friends in arms, or in quiet manner, at such times and places as 
we shall be required by his majesty's proclamation, or by writ or 
message directed to us from his majesty, or any having power from 
him, and, being convened and assembled, to join and concur with the 
whole forces of our friends and followers, against whatsoever foreign or 
intestine powers or papists and their partakers shall arrive or rise 
within this island, or any part thereof, ready to defend or pursue as we 
shall be authorized or conducted by his majesty, or any others having 
his power and commission, to join and hold hand to the execution of 
whatsoever mean or order shall be thought meet by his majesty and 
his council, for suppressing of the papists, promotion of the true 
religion, and settling of his highness' estate and obedience in all the 78 
countries and corners of this realm ; to expose the hazard of our 
lives, lands, and goods, and whatsoever means God hath lent us in 
the defence of the said true and Christian religion and his majesty's 
person and estate, against whatsoever Jesuits and seminary or mass 
priests, condemned enemies to God and his majesty, to their utter 
wreck and exterminion, according to the power granted to us by 
his majesty's proclamation and acts of parliament, to try, search_, and 
seek out all excommunicates, practisers, and other papists whatever, 
within our bounds and shire where we keep residence, and delate 
them to his highness and his privy council, and conform us to such di- 
rections as from time to time we shall receive from his majesty and 
his council in their behalves : and so specially so many of us as pre- 
sently are or hereafter shall be appointed commissioners in every 
shire shall follow, pursue, and travel by all means possible, to take 
and apprehend all such papists, apostates, and excommunicates, as we 
shall receive in writ from his majesty. And we the remnant within 
that shire shall concur and assist with the said commissioners, with 
our whole friends and forces, to that effect, without respect of any 
person whatsoever, and generally to assist in the meantime, and de- 
fend every one of us another, in all and whatsoever quarrels, actions, 
debates, moved or to be moved against us or any of us, upon action 
of the present bond or other causes depending thereupon, and 
effauldly join in defence and pursuit against whatsoever shall offer or 
intend any injury or revenge against them, or any one of them, for the 
premises, making his cause and part that is pursued all our parts, 
notwithstanding whatsoever privy grudge or displeasure standing 
betwixt us, which shall be no impediment or hinder to our said 
effauld joining in the said common cause, but to lie over and be 

h 2 



100 The hishops* jealousies of the wiarquis, who acquaints II. 101 — 

misken'd till they be orderly removed and taken away by the order 
under-specified. To the which time we, for the better furtherance 
of the said cause and service, have assured, and by the tenor hereof 
every one of us, taking the burden upon us for ourselves, and all that 
we may let assure each other to be unhurt, unharmed, or any ways 
to be invaded by us or any our aforesaids, for old feid or new, other- 
wise than by ordinary course of law and justice ; neither shall we or 
any of our foresaids make any provocation or tumult, trouble or 
displeasure, to others in any sort, as we shall answer to God, and 
upon our honours and fidelity to his majesty. And for our further 
and more hearty union in this service we are content and consent 
that all whatsoever our feids and variances fallen or that may fall 
out betwixt us, be within forty days after the date hereof amicably 
referred and submitted to seven or five indifferent friends, chosen by 
his majesty of our whole number, and by their moderation and ar- 
bitrement compounded and taken away. And finally, that we shall 
neither directly nor indirectly separate or withdraw us from the 
union and fellowship of the remnant, by whatsoever suggestion or 
private advice, or by whatsoever incident regard, or stay such reso- 
lution as by common deliberation shall be taken in the premises, as 
we shall answer to God upon our consciences, and to the world upon 
our truth and honours, under the pain to be esteemed traitors to 
God and his majesty, and to have lost all honour, credit, and esti- 
mation in time coming. In witness whereof, by his majesty's special 
command, allowance, and protection promised to us therein, we have 
subscribed these presents with our hands at 1 5^9- 

j 02 The marquis being thus again despatched took journey to 
Scotland, and at Ferrybridge he met the bishops, to whom he 
signified his majesty's pleasure, at which they seemed infinitely 
grieved, and spoke against it with so great vehemency, as 
clearly told they were no way pleased with the marquis : yet 79 
they resolved to keep the assembly, and in the meanwhile to 
send one of their number to court, to which he gave way. The 
archbishop of St. Andrew's seemed willing on a good com- 
position to quit his place of chancellor, and the marquis 
offered him 2500?. sterling, with which he was satisfied. 

IQ 3 Hitherto the marquis had wrestled against the malice and 
jealousies of the covenanters, and now storms begun to rise 
from another hand, which ceased not to persecute him to his 
grave : but the truth of this narration will best discover both 
their injustice who charged him, and his innocence. 



— ic6. the covenanters with the king's intentions. (1638.) 101 

io 4 He holding on his journey came to Holyrood-house on the 
seventeenth of September, where he found jealousies begin- 
ning to arise betwixt some of the wiser ministers and the 
lords of the covenant, concerning the lay-ruling-elders, which 
he was resolved to cherish with all the art he was master of; 
causing some represent to the ministers, that if they gave way 
to that inordinate power gentlemen were pretending to in 
church matters, it might end in a greater servitude than any 
they had ever reason to fear from either king or bishops : 
this was well considered by many, but they were overruled. 
He also found the covenanters were ready immediately to 
have indicted an assembly, if he offered at any more delays ; 
and therefore resolved to give them present satisfaction. But 
his first work was to deal with the lords of the council, most 
of whom he found abundantly satisfied with his majesty's 
gracious offers : so that he began again to gather some hopes, 
and to the first accounts he gave his majesty he had the fol- 
lowing return : 

105 Hamilton, 

If I should be too long silent, I might seem to contradict that 
rule which myself prescribed ; therefore, though for the present I 
can say nothing of the main business, yet this must go, if it were 
but to acknowledge the receipt of your two, viz. of the 12th of 
September from Ferrybridge, and of the 1 7th of the same from Holy- 
rood-house. So referring you to the comptroller for what concerns 
the ordnance that is to be transported to Hull, T rest 

Hampton-Court, Your assured constant friend, 

22 Sept. 1638. Charles R. 

106 Upon the twentieth of September the covenanters sent to 
ask the marquis when they might wait on him to know his 
majesty's pleasure : he answered, when they would ; for he 
was resolved to hold a council next day, and the day follow- 
ing to publish it. So on the twenty-first in the morning they 
came to him : he told them he was going to council to make 
his majesty's pleasure known, which should be also known at 
the Cross next day; but for their present joy he told them 
that the king had granted all they had desired, and more also, 
and that a free assembly and parliament should be immedi- 
ately indicted. Some did hang their heads, and seemed sur- 



102 The council rest satisfied with the king's offers, II. 106 — 

prised, yet they expressed thanks. He also spoke frankly 80 
to some of them, telling them what the particulars were 
which his majesty had granted ; for having opened them to 
so many privy councillors, he could not think but all was 
known to them. They seemed reasonably well satisfied, only 
they pressed him to desist from renewing the confession of 
faith ; for they clearly saw that this could not but take off a 
great many, and would heal most of the subjects of the jea- 
lousies they had been infusing in them : but he resolved to 
hear of no delay, having made most of the councillors sure 
beforehand, and that by oath. The council sat in the after- 
noon, and it was a very frequent meeting. After they were 
set, the marquis, with all the art and industry he could think 
of, laid out his majesty's gracious intentions for the preserva- 
tion of the true reformed religion, and the laws and liberties 
of that kingdom ; and that for the saving it from utter ruin, 
and keeping of peace in the land, he had done many things to 
which he had never been induced to have given way, except 
out of that consideration. 
07 Then was the king's letter to the council read, which was 
of the same strain with the instructions, after which there 
was a general silence. But the marquis (not willing that 
should last long, much less that any whose affection he 
suspected should begin the discourse) desired Traquair to 
speak, who spoke (as he used to do) both long and well. 
After that, he called up ten or twelve, of whom he was most 
assured, who expressed their satisfaction to the full. Then he 
pressed it might be put to the vote, but some desired they 
might proceed more maturely, since it was a confession of 
faith they were to sign. This could not be refused, and so 
was followed by a long debate, and in end many desired they 
might not be put to sign it that night. The marquis remem- 
bering the disorder had followed upon the last act, and re- 
solving not to run such a risk again, said, he did not desire 
it should be signed that night, but that they should be ready 
for it next morning ; withal protesting he would have none 
sign it but such whose consciences were satisfied, and. who 
were ready to hazard life and fortune in the prosecution of it : 
and so after he had caused registrate his majesty's letter, they 
rose about ten o'clock at night. 



— 109. yet the covenanters protest. ( 1 63 8 .) 1 03 

108 Most part of that night he spent in labouring those who had 
scruples, and consulting with such as were well affected. 

In the morning the clerk-register and king's advocate came 
to draw the forms of indicting the assembly. The king's ad- 
vocate seemed unwilling it should be according to the style 
used in king James's latest times, but he was overruled. 
About six in the morning the earl of Rothes, and many of 
the covenanting lords, desired access ; and the marquis, calling 
as many of the council together as could be had of a sudden, 
admitted them. Rothes, in the name of the rest, said, they 
heard the council were to sign the old confession of faith, and 
to publish a declaration thereabout, which they desired might 
be delayed till Monday next, and then they doubted not to be 
able to give good reasons why they should not do it. The mar- 
quis replied, he should return them an answer by the advice of 
the lords of the council quickly ; and from them he went to 
council, being firmly resolved to admit of no delay, knowing that 
it was sought on design to divide the council. The covenanters 
upon their petition were called in to the council, and they rais- 
ed a long debate, which lasted about four hours, and in the end 8 1 
no delay was granted, at which the covenanters were infinitely 
discontented, and went away, not without some big words. At 
length, after three hours more debate amongst the councillors, 
it was carried without a contrary voice that the confession 
should be presently signed : next, the proclamation of grace 
was ordered to be published, with another, for indicting an as- 
sembly at Glasgow the twenty-first of November, and another 
for a parliament at Edinburgh the 15th of May next : then 
they passed an act, declaring their full satisfaction with his 
majesty's concessions, together with a letter of thanks to his 
majesty, expressing their full satisfaction, with large engage- 
ments to adhere constantly to his service ; and so they rose 
at four o' clock, having sat from seven in the morning. 

109 The proclamations were immediately sent to the Cross, 
which there met with protestations ; but many judged they 
went upon grounds so weak, that it was visible they were 
designed for no other end but to keep the people from being 
satisfied, and to hinder the subscription of the confession and 
bond. Many of the council were displeased with the pro- 
testation, and swore to the marquis, that since religion was 



104 The marquis advertises his majesty II. 109 — 

now secured, they would appear in another manner for the 
king's interest ; but all he could do could not persuade them 
to pass a censure upon the protestation as seditious. Next, 
there were commissions given out for the shires to seek in 
subscriptions to the confession of faith; and the earl of 
Rothes and some other covenanters were joined in the com- 
mission for the several shires : which was censured by many, 
but most of all by the king himself, who knew not how to 
construct of this, as will appear by a letter which will be 
inserted in its place. But most of the councillors were earnest 
for it upon these reasons, that it gave these lords a fair oppor- 
tunity of retreating, if they would accept of it ; it might also 
confirm all that the king's indemnity was designed to be real, 
when such persons were so soon trusted : it might give some 
jealousy to the other covenanters against those who were 
so trusted, as if underhand they had given some engage- 
ments. But chiefly the body of the people would be very much 
persuaded that the thing was designed in earnest, when they 
read those names in the commissions. Upon these grounds 
the marquis yielded to the desires of the councillors, and the 
king was fully satisfied when he was informed about it ; which 
will quickly appear. Upon the notice his majesty had of 
what passed, he wrote the following letter : 

no Hamilton, 

I have no time now to make my observations upon your proceed- 
ings, therefore now I -shall only tell you that I approve them all, (in 
what concerns your part of them ;) and that not only so, but that I 
esteem it to be very great service (as the times are). This much I 
thought necessary at this time to encourage you in your proceedings : 
my next shall be longer, yet this is enough to assure you that I am 
Hampton-Court, Your assured constant friend, 

30 Sept. 1638. Charles R. 

hi This being done, the marquis's next work was to preserve 82 
episcopacy, which was in visible hazard, since the worst-af- 
fected every where were chosen commissioners for the assem- 
bly : and of this he advertised the king, desiring him to go on 
with his preparations, for fear of the worst : and particularly 
he remembered him of the resolution he had taken about 
Berwick, which was, that because soldiers could not be levied 
in England, and sent thither, without making a direct breach; 



— U2. of the design against episcopacy . ( 1 63 8 .) 1 05 

therefore a thousand and five hundred soldiers should be 
levied in the prince of Orange's name in Holland, and these 
be suddenly shipped, and as suddenly landed at Berwick for 
securing of that place. But withal he advertised his majesty 
to go on with much secrecy, lest the covenanters might take 
the start of him ; and therefore he advised the stopping of a 
magazine that was to be sent to Hull, which, since it was not 
presently to be made use of, he thought might lie as well in 
the Tower of London as there. And to this despatch he had 
the following answer : 

112 Hamilton, 

I see by yours of the 2 7th of September that the malignity of the 
covenanters is greater than ever, so that if you who are my true ser- 
vants do not use extraordinary care and industry, my affairs in that 
kingdom are likely rather to grow worse than better : therefore, you 
that do your endeavours accordingly deserve the more praise, and your 
opposers the more punishment ; and in my mind this last protesta- 
tion deserves more than any thing yet they have done, for if raising 
of sedition be treason, this can be judged no less. And methinks if 
the college of justice have signed my covenant, (which I hope they 
have, because I hear nothing in the contrary,) it were no impossible 
thing to get them to do me justice in this particular. And this I 
will say confidently, that until at least the adherers to this last pro- 
testation be declared traitors, nothing will go as it ought in that 
kingdom ; I say this, not to alter your course, but only to shew you 
my opinion of the state of affairs. 

As for the danger that episcopal government is in, I do not hold 
it so much as you do ; for I believe that the number of those that 
are against episcopacy (who are not in their hearts against monarchy) 
is not so considerable as you take it. 

And for this general assembly, though I can expect no good from 
it, yet I hope you may hinder much of the ill ; first, by putting di- 
visions among them concerning the legality of their elections, then 
by protestations against their tumultuous proceedings. And I think 
it were not amiss if you could get their freedom defined, (before 
their meeting,) so that it were not done too much in their favours. 
And I hope you will remember to weigh well the propositions for 
the assembly, and send them up to me with all convenient speed. 8$ 
I have seconded your letter to the major of Newcastle for the free- 
ing of these horses, and have stopped all provisions, according to 
your advice, at Hull ; yet methinks now they may be avowed to 



106 The pretended prophetess. A Jesuit turns presbyterian. II. 112- 

go against those that will not rest satisfied with what you have 
lately done in my name. But in this I assure you that I take your 
advice ; and so I rest 

_ Your assured constant friend, 

Hamp ton- Court, 

20 Oct. 1638. Charles R. 

1 13 Now the covenanters were not idle ; and two stories were 
at this time not a little talked of. The one was about one 
Mistress Mitchelson, who was judged a devout person ; (a 
zealous covenanter she was :) she was troubled with vapours, 
and, as is incident to persons in that condition, spoke as one 
transported, and most of all her raptures were about the 
covenant : she did also inveigh severely against the late act 
for signing the confession of faith. This was highly magni- 
fied, and she was spoken of as a person inspired of God, and 
her words were recited as oracles, not a few taking them 
from her mouth in characters. People of the best quality 
came to see her in her fits, and she was brought to the house 
of a noted covenanter, and laid in a large bedchamber, which 
was always crowded to the doors : she was called an impos- 
tress by many, but those who understood nature better, knew 
the root of her distemper, which to have called so at that 
time had met with a high censure : though, it afterwards 
abating, they were willing to defend it under that notion, and 
counted them favourable who believed no worse of it. 

114 The other story was of one Abernethy, who from a Jesuit 
priest turned a zealous presbyterian, and had learned so 
much falsehood in the Jesuits' school as to forge a story of 
the liturgy of Scotland being sent to Eome to some cardinals 
to be revised by them, and that signior Con had shewed it 
to himself there. Upon the report of this, the marquis wrote 
to Con, who was then at London : but Con protested seriously 
he never so much as had heard of a liturgy designed for 
Scotland, till he came last to England ; that he had never 
seen that Abernethy at Rome but once, and finding him 
light-headed, had never again taken notice of him : yet Aber- 
nethy's story had a ready belief as well as a welcome hearing; 
though the lightness and weakness of the man became after- 
wards so visible, that small account was made either of him 
or his story, which at this time took wonderfully. 

115 Upon the 24th of September a new debate arose in the 



1 1 5 . The king's proclamation published oner Scotland. ( 1 63 8 . ) 107 

council, which had almost set all wrong again. Some at the 
board, whose hearts were with the covenanters, moved that 
it might be declared, that matters of discipline and cere- 
monies were points of faith : this was at length debated, and 
determined in the negative. The marquis's next care was to 
write to all the king's friends through Scotland, that they 
might see his majesty's proclamation published, and get in as 
many subscriptions to the confession of faith as was possible, 
and do their utmost to see that the elections of the com- 
missioners to the assembly might be well considered : but in 84 
none did he confide more, and to none did he write more 
freely than to the marquis of Huntley, who expressed great 
zeal for his majesty's service, of which he gave the king a full 
account ; and as he saw cause, he moved his majesty to 
write divers letters for encouraging all his good subjects. 
The doctors of Aberdeen were also much cherished by him, 
and very kindly recommended to the king ; neither was any 
thing omitted that might cherish such as he saw well-affected 
to his majesty's service. He caused also draw a remonstrance 
against lay-elders, and sent it through the country, to get as 
many ministers 1 hands to it as was possible against the sitting 
of the assembly. He was likewise very earnest with the 
doctors of Aberdeen to have come to Glasgow to the assem- 
bly, finding them the only persons then in Scotland fit for 
undertaking the defence of episcopacy : he was to have sent 
one of his coaches to the north for them, but that road, being 
always bad for a coach, was unpassable in winter ; and the 
doctors were so extremely averse from coming, that he could 
not importune them any further, since he saw it was resolved, 
that though an angel from heaven should come to plead for 
episcopacy, all would be rejected. He also discovered the 
prelimitations which the tables were setting on the assembly, 
by the orders they sent through all the presbyteries, both 
about lay-elders, and that none should be chosen save cove- 
nanters, and chiefly those that were able to argue on those 
heads that were under debate. In the mean time he went 
home to Hamilton, to get those of Cliddisdale to sign the 
confession, the justice-clerk having gone before him to Glas- 
gow, and published the proclamations there ; but he himself 
met with more difficulty in Cliddisdale ; yet he overcame 



108 The king writes to the marquis. II. in- 

most of them, though they had been strangely wrought upon 
to resist him : of all which having given the king an account 
he had from him the following letter: 

116 Hamilton, 

I confess this last despatch does more put me to seek how to 
judge of the affairs of that kingdom than any that I have yet 
received ; for I did not think that you would have met with so 
much opposition within your bounds, since (as I thought) you past 
well over a greater difficulty, to wit, the peevishness of the council. 
The cause of this I judge to be, that you did not make so much 
opposition against the protestation as it deserved, though (I believe) 
as much as you could. But one thing I desire you to send me the 
reason of, which is, why you have mingled the protesters with my 
good subjects as commissioners in most of all the shires for the 
procuring of subscriptions to my bond. Now it seems to me that 
this will make the covenanters oppose my service with a show of 
more authority than otherwise they could, (and certainly you cannot 
but imagine that they must oppose that that they have protested 
against ;) for by this the ignorant multitude may be brought to 
believe that my council have either admitted, or at least do not 85 
gainsay, the protestation : yet whether I be right in this or not, 
I will suspend my judgment, even of my own opinion, until I hear 
from you. But one thing I will confidently affirm, that until most 
of the council express themselves vigorously in detestation of this 
last damnable protestation never look for any obedience there. In 
the latter end of your letter you are very careful not to give them 
cause of fears of my preparations, or hindering theirs ; yet in the 
middle persuade to hasten on mine : now, besides that this seems 
to me a contradiction, I think that there is as much (if not more) 
danger now, that they should imagine I fear to displease them, than 
to make them scar at my preparations, or for stopping of theirs ; for 
now that the pretext of religion is (I dare say) fully satisfied, fearful 
proceeding may now hazard the loss of the little party we have, by 
making them probably fear that I either cannot or dare not main- 
tain my own authority. But I doubt not your dexterity and dili- 
gence will help me to break through these difficulties, and so I rest 
Hampton-Court, Your assured constant friend, 

9 Octob. 1638. Charles R. 

ny This letter seems of another strain than the former; but 
as soon as his majesty was informed of the reasons, which 
were given in the former account of the proceedings of the 



— 120. Great disorders in elections. (1638.) 109 

council the 22nd of September, which were forgotten by the 
marquis in the long despatch he then sent, he was well satis- 
fied, as will appear by his letter bearing date the 24th of 
October, to be inserted in its due place. 

118 Many every where did at first offer to sign the confession, 
and the covenanters, seeing an inclination in most persons to 
return to their duty, forgot nothing could be devised to fill 
the people's minds with new jealousies, as if the king were 
but abusing them, and intended the performance of nothing 
that was promised ; all being done only to evite the present 
storm, which would be no sooner calmed, but they might ex- 
pect worse usage than ever : and with this they added a great 
many reasons to persuade all that it was perjury for such as 
had taken the covenant to sign the confession. And the 
sins of Scotland being so great, that they were to be punished 
with a tract of bloody civil wars, God, in his holy and wise 
judgments, permitted the poor people to be so blind in their 
obedience to their leaders, that these arts took universally 
with them ; to which may be justly imputed all the mischiefs 
that kingdom hath smarted under ever since. 

119 The covenanters were no less careful to see well to the 
elections for the assembly, the ruling elders coming to all the 
presbyteries, and being of one knot, and men of power, carried 
the elections as they pleased ; for there being an elder out of 
every parish, they equalled the ministers in number, but ex- 
ceeded them when the election was voted, all the ministers 86 
who were on the list, and were ordinarily six or seven, being 
removed ; yet in many presbyteries protestations were used 
against them by some ministers. The marquis seeing how 
things were carried, and having informations from all places 

of the unlucky elections, begun to draw up the nullities of the 
assembly, sending the particulars to the king as he had them; 
advising him withal to go on more frankly with his prepara- 
tions, since he saw it impossible to prevent a rupture at 
Glasgow. And it was now apparent to him, that the factious 
spirits among the gentry and ministry were resolved to re- 
ceive no satisfaction from any thing the king could offer, how 
just and rational soever. 

120 The king's Declaration was published through all the shires 
in Scotland ; in some it met with protestations, but in other 



110 The bishop and doctors of Aberdeen II. 120 — 

places the marquis's diligence in sending the commissions for 
it had prevented the tables. 

121 Most of the councillors were slack in procuring of sub- 
scriptions, yet in all there were twenty-eight thousand sub- 
scribers ; of which number those the marquis of Huntley 
procured made twelve thousand. 

122 But I should be injurious to the memory of the bishop and 
doctors of Aberdeen, did not I mention how they signed the 
confession, it being presented to them by the marquis of 
Huntley. The matter is little known, and the original is in 
my hands, therefore it will not be unpleasant that I relate 
how they signed it with these seven restrictions, which I shall 
set down in their own words : 

123 First, we do heartily abhor and condemn all errors truly popish, 
or repugnant to the holy Scripture, and consequently to the uniform 
doctrine of the reformed kirks, and to our national confession regis- 
tered in parliament an. 1567. 

Secondly, we do noways hereby abjure or condemn episcopal 
government, as it was in the days and after the days of the apo- 
stles in the Christian kirk for many hundreds of years, and is now 
conform thereto restored in the kirk of Scotland. 

Thirdly, we do not hereby condemn nor abjure the five Perth 
articles, or any thing lawful of that sort, which shall be found by 
the church conducible at any time for good policy and order, or 
which is practised by any sound reformed kirk. 

Fourthly, we still hold to that clause of our great national con- 
fession, (chap. 20. art. 21.) that the general councils, and conse- 
quently the national kirk of Scotland, have no power to make any 
perpetual law which God before hath not made. 

Fifthly, by the adhering to the discipline of the reformed kirk of 
Scotland, we mean not any immutability of that presbyterial govern- 
ment which was an. 1581, or of any other human institution : but 
we do hereby understand that the ecclesiastical jurisdiction and 
discipline of the kirk of Scotland doth not depend on the pope of 
Rome, or any other foreign power ; and hereby we do confess our 
constant obedience to the kirk of Scotland in all her lawful consti- 
tutions. 

Sixthly, we do not presume by this our personal oath either to 
prejudge the liberty of the kirk of Scotland to change and reform 
this foresiad short confession, in some ambiguities and obscure 
expressions thereof, whereupon some men have builded inconvenient 



—126. subscribed king James's covenant. (1638.) Ill 

interpretations and doctrines, or to exime ourselves from obedience 
to the kirk in that case. 

Seventhly, by this our personal oath we do not take upon us to 87 
lay any further bond upon our posterity than the word of God doth, 
recommending' only our example to them so far as they shall find it 
agreeable to God's word. 

In this sense as is said, and no otherwise, do we subscribe the 
said confession and the general bond annexed thereunto, at 
Aberdeen, Oct. 5, 1638. 
Signed, 

Ad. Aberdonen. 
John Forbes, D. and P. of Div. Ja. Sibbald, D.D. 
R. Barrone, D. and P. of Div. Al. Scrogie, D.D. 
Al. Rosse, D.D. Wil. Lesley, D.D. 

124 These explanations were too just not to be accepted of by 
the marquis of Huntley ; but lest an humour of annexing ex- 
plications might have run through others from their example, 
which might have not only retarded the work, but occasioned 
new grounds to the covenanters to quarrel this confession, he 
kept the matter secret, and took their subscription in a bond 
apart, and so sent it to the marquis. But leaving to the 
reader to judge how judiciously cautious these exceptions were, 
I quit this digression and go on. 

125 From all places some subscriptions were brought, except 
from Argyleshire, my lord Argyle alleging that since the 
assembly was so near, all desired to be excused till it had sat 
and determined about it. This confirmed the jealousies of 
him, it being well known how absolute his authority was in 
that place. 

126 The marquis returned to Edinburgh about the 20th of 
October, but was much disordered to find neither my lord S. 
Andrew's nor the other bishops come thither as he had ap- 
pointed ; so that he was left destitute of council how to resolve 
on the legality of his procedure at the assembly : yet having 
advised with such as he durst trust about the method in which 
he was to go on at Glasgow, he drew it up, and sent it to my lord 
of Canterbury to communicate it to his majesty. Likewise those 
bishops who stayed in Scotland, having pressed him earnestly 
to prorogue the assembly, foreseeing what was like to follow on 
it, he advertised his majesty of the hazards which on the one 



112 Some advise to prorogue the assembly, II. 126- 

hand were visible, but on the other hand, if it were prorogued, 
it would not fail of fortifying the jealousies the covenanters 
had spread, as if the king intended not to observe what he ♦ 
promised, which might work much on the vulgar. Besides, 
he saw grounds to fear that most of the council would desert 
him if he went to that ; and certain it was that the covenanters 
would not obey, but keep the day only with this odds, that 
they would hold it at Edinburgh : he therefore judged it fitter 
the day should be kept, and his majesty's gracious offers first 
proposed, and next the nullities of the elections examined, and 
then the bishop's declinator offered ; and by that time there 
was no reason to doubt they would give too good grounds 
for dissolving them. All this he submitted to his majesty's 
judgment, adding, that if he thought fit to prorogue it, there 
were grounds enough, from the actions of the covenanters, for 
justifying it, but a present rupture would be unavoidable ; to 
which he received the following answer: 

127 Hamilton, 88 
You will receive a particular answer by my lord of Canterbury 

of all your propositions touching the assembly, wherein you will find 
that my alterations are rather circumstantial than material. As con- 
cerning the way of your proceeding, though I confess of importance 
to my service, you foreseeing rightly what my judgment would be of 
them ; yet I dare say I have left them as full as any of my procla- 
mations or declarations, and why I should go further I see no 
reason ; for certainly those that will not be contented with what I 
have done already, will be less contented if I should do more. As 
for the opinions of the clergy to prorogue this assembly, I utterly 
dislike them, for I should more hurt my reputation by not keeping 
it, than their mad acts can prejudice my service ; wherefore I com- 
mand you hold your day : but (as you write) if you can break them 
by proving nullities in their proceedings, nothing better. Lastly, 
concerning assessors, I like their names, and (as you say) you must 
not suffer me to lose my privilege. To conclude,, I like your way 
well, and hope (upon consideration) that you will not mislike my 
alterations, for I will make none in being 

<^Ti6?8 Your assured constant friend, 

Charles R. 

128 In the end of October the earl of Eothes with the other 
covenanters petitioned for a warrant to cite the bishops to 



—131. to which the bishops are invited. (1638.) 113 

appear before the assembly : the marquis answered, the law 
was patent, and there were legal ways for citing all such as 
were either within or without the country ; but for him to 
give warrants, it had never a precedent, and so could not be 
granted, for it was enough that he did not protect them 
against a fair trial : whereupon the covenanters addressed 
themselves to the presbytery of Edinburgh for it, who gave 
warrant for the most scandalous summons that was ever heard 
of in the Christian church, which is to be seen in the large 
declaration, wherein all the bishops were cited as guilty of 
heresy, simony, perjury, incest, adultery, fornication, breach 
of the sabbath, and what not ! to which they added respective, 
which many said was on design to abuse the poor vulgar, who 
could not understand the importance of that law term, but 
would undoubtedly believe them all guilty of these crimes. 
This was ordered to be read in the churches of Edinburgh, 
but carried so secretly, that it was only on the Saturday night 
before that the marquis had notice of it ; whereupon he pre- 
sently sent to require them under pain of treason to forbear ; 
but that was not formidable to them : so notwithstanding 
that, it was read in the college church of Edinburgh after 
communion, and ordered to be read in all the churches over 
Scotland, and accordingly done. 

I2 9 They sent also orders through all Scotland to search into the 89 
bishops' conversations, that all their escapes being gathered 
together, and witnesses being cited to Glasgow, they might 
find pretexts of justice to second the fervour of their zeal. 

13° Upon the first of November the session sat down at Edin- 
burgh, and the marquis having dealt with all the lords of that 
court before, went thither to get them to sign the confession 
of faith : some desired a delay, and this raised a debate of 
three hours ; at length nine of the fifteen signed it, two were 
absent, and four refused : but those who signed it durst hardly 
walk the streets, so odiously had the ministers represented the 
confession to all. . 

13 l At this time the marquis got the earl of Marre to resign 
the castle of Edinburgh to the king ; five thousand pounds 
sterling was that he demanded for it, but he was brought to 
accept of two thousand ; and because the earl of Marre would 
not meddle with the exchequer for payment, the marquis gave 
Hamilton. i 



114 The castle of Edinburgh is in the king's hands. II... 131— 

him security out of his own estate for it ; and at the same 
time the archbishop of S. Andrew's resigning the place of 
chancellor, he gave him also security for two thousand five 
hundred pounds sterling out of his own fortune : so ready was 
he to go through with his majesty's affairs, and to hazard the 
ruin of his fortune and family ; for the treasury of Scotland 
was so entirely exhausted that there was no money in it. And 
though no payments were made the marquis for the great 
expense he was at, yet in all his letters to the king he never 
once complained of it ; nor did he press the king to send him 
money, except only ten thousand pounds sterling, which he 
earnestly called for to distribute among the bishops and other 
poor ministers who were ruined for their duty [to the king; 
and though this was not sent, he suffered none of them to be 
pinched, but supplied them in all their straits, for which the 
bishops made great acknowledgments, not only to himself, but 
to my lord of Canterbury, who returned him many thanks in 
their names. Concerning all these particulars his majesty 
wrote to him the following letter : 

132 Hamilton, 

The letter that Ro. Lesley gave me this day from" you, though" it 
be long, yet will require but answer by me in two particulars ; 
(the rest you will find answered by my lord of Canterbury ;) to wit, 
the castle of Edinburgh, and the supply of money to the bishops. 
To the first I totally agree, both for the man to be put into it, and 
the sum of three thousand pounds sterling, if you can draw it no 
lower: for the other, I cannot say how soon I shall be able to doit, 
expense daily increasing, and in particular the securing of Berwick 
and Carlisle being of necessity to be done (as you know) in the 
middle of the next month. But I hope in God at furthest before 
Christmas, yet I cannot promise it with that secresy that would be 
wished : for I find the way by the prince of Orange both unpracti- 
cable and unsafe. So, both pitying and praising your pains in my q Q 
service, I rest 

Whitehall. v •. , , r . , 

8 Nov 1638. Your assured constant friend, 

Charles R. 

133 Having got the castle of Edinburgh into his hands, he ad- 
vised the king to trust gen. Ruthwen (who had returned from 
the German wars loaded with fame) with the keeping of it ; 



— 135- Rvihwen is made governor. (1638.) 115 

to which his majesty consented. And this may sufficiently 
clear the marquis of all other designs but those his duty in- 
spired him with ; since to the greatest trust in Scotland, con- 
sidering those times, and the command that castle hath over 
Edinburgh, he recommended one whose loyalty was as invin- 
cible as his courage. But the marquis having visited the castle 
found it in the worst case imaginable, not a musket but one 
in it, and it not for service : very little powder, and not a yard 
of match. The buying the command of the castle made so great 
a noise, that he durst not proceed to the furnishing it with 
men, victuals, and arms, all which were wanting, till the first 
heats were over, and the body of the covenanters had gone to 
Glasgow ; for besides that they set guards about it, had they 
set upon it, they would have infallibly carried it, by starving 
them within, who were able to do them no hurt. Ruthwen 
would not go to the castle till it were better furnished, neither 
did the marquis think fit to change the captain of it too soon. 
But finding him no covenanter, and having taken his oath in 
writing, which is yet extant, never to surrender it but with 
his life, he laid down the best course he could for furnishing 
it; which he got no opportunity to do, as we shall see 
hereafter. 
134 Now was the bishop of Ross, whom my lord S. Andrew's 
and the other bishops had sent to London, despatched home 
again, who brought with him the following letter from his 
majesty : 

!£!- Hamilton, 

I would not answer your two of the 14th and 15th of this month 
till I had fully despatched the bishop of Ross, whom I have sent away 
not only well instructed, but well satisfied with my ways. It is true 
that his instructions were not totally according to our grounds, but 
I made him alter (I am confident) as well in judgment as obedience ; 
for upon discourse he much approved of my alterations, confessing 
likewise that you upon the place may find reason to make more ; 
wherefore all is referred to you, as well what I answered as what 
not : so leaving and recommending him to your care, I come to 
answer your last letters, with the account of which I am much more 
satisfied than your other despatch before ; as likewise you have fully 
satisfied me in all my queries, and in particular, I confess clearly 
you had reason to join the covenanters with my honest servants for 91 



116 The king's observations on the bishops' declinator. II. 135- 

procuring of subscriptions to my bond, because I see the council 
would have it so. But certainly it had been better otherwise if you 
could have done it with their consent. In short, I am truly and fully 
satisfied with all your proceedings, so that you may be confident that 
I am 

Whitehall, Your assured constant friend, 

24 Octob. 1638. Charles R. 

J 3 6 The draught of the bishops 1 declinator was revised by the 
king, and his majesty made divers observations and amend- 
ments with his own hand, yet extant : which paper, though 
not so clearly to be understood, unless the first draught of the 
declinator were to be set down with it, which is not in the 
writer's power ; yet may give some satisfaction, and at least 
will both shew how tender his majesty was of any thing which 
might give new irritations to his distempered subjects, and 
how diligently himself reviewed all papers. 

His majesty's observations upon the declinator. 

137 Charles R. 

I. The second reason to be advised with my lord commissioner, 
whether or not it be safe at this time to except against the form of 
the publication of the indiction of the assembly. 

II. The third is a very good reason against the proceeding of 
the assembly, but will not infer a nullity. 

III. In all the reasons where the assembly is called a pretended 
assembly, it is his majesty's pleasure that the word pretended be 
deleted out of the copy shewed to his majesty. 

IV. For the seventh reason, if it offend not the inferior clergy, 
his majesty is contented with it. 

V. In the ninth reason, to omit the precondemning of the Service- 
book, Book of Canons, and high commission. 

VI. The tenth reason is so full that the eighth may be totally 
omitted. 

VII. The eleventh reason militates abundantly against all those 
who hold such tenets,, that they cannot voice in the assembly, though 
it infer not an absolute nullity of the assembly. 

VIII. The thirteenth, de loco tuto et accessu tuto, to be totally 
omitted. 

IX. The fourteenth and last to be totally omitted. 

X. In the conclusion there is one clause marked by his majesty's 
own hand, which is to be omitted. 

Whitehall, igth October, 1638. 



« — 140. The marquis goes to Glasgow. (1638.) 117 

138 The marquis having got clear directions in every particular, 93 
(for not so much as the speech he was to have at Glasgow 
but was sent up and returned with the king's superscription, 

a few lines of the first draught being only dashed out by his 
majesty,) he resolved to set out for Glasgow on the 16th of 
November. But before he went, he declared in council that 
his majesty's positive pleasure was, that episcopacy might be 
limited, but not abolished ; and delivered them a letter from 
the king, commanding them to follow him to Glasgow ; and 
required the king's advocate to prepare himself to defend 
episcopacy to be according to the laws of Scotland : he an- 
swered, that it was against his conscience to do so, and that 
he judged episcopacy both contrary to the word of God and 
to the laws of this church and kingdom. This brisk answer, 
though it was no surprise to the marquis, put his temper to 
a greater trial than any thing he met with in Scotland : 
he threatened him with taking his place from him, but he 
answered him boldly, that his right to it was ratified in par- 
liament. So he could do no more for that time but command 
him not to come to Glasgow, which he obeyed. 

139 On the 17th of November the marquis came to Glasgow, 
and thither came to him a letter from the bishops of Ross 
and Brechin, whom he left in Hamilton till he had opportu- 
nity of conveying them securely to the castle of Glasgow, 
which he did. The night after, he received the letter that 
follows : 

140 May it please your Grace, 

What came from my lord S.Andrew's is herewith enclosed. We 
humbly and heartily thank your grace for your excessive favour and 
kindness towards us ; we must take it the more kindly, that we know 
at such a time it is to let others see what respect your grace carries 
to our coat : for ourselves we could more willingly choose a more 
sober diet and less ease ; considering our own sins, and the diffi- 
culties of the times, do admonish us rather to fast than feast, to 
afflict our souls, rather than to relish any worldly pleasure. But 
above all we two for ourselves, and in name of our brethren, do 
with most thankful hearts acknowledge your grace's most pious 
care of the liberties of this poor distressed and distracted church ; 
and especially the solicitude and care your grace hath, that our 
protestation be orderly done, secretly kept, and seasonably presented, 



118 Letter shewing the strictness of his majesty' *s conscience. II . 1 40 — 

before either the cause or we that are bishops suffer wrong. It is 
that which now concerneth us most and is dearest to us, both for 
conscience before God, and our credit to the present age and future ; 
and we cannot express how happy we are to have in this exigent 
such a pious and noble patron, careful and solicitous with the most 
tender affection both of our cause and persons, where otherwise (with 
the greatest loss, at least hazard, can be, to discharge our duty to 
God and his Church) we should be necessitated to do it ourselves, 
and haply neither with so much safety nor honour. God will re- 
ward your grace, we are confident, and bless your grace and yours ; 
for we dare aver in this division your grace hath made choice of 
the better part. The difficulties are great, the hopes none, but too 
pregnant fears to the contrary ; yet it is the more like to be God's 
cause, that his work may appear ; and it may be called digitus Dei, 
and marvellous in our eyes. Man's extremity is God's opportunity. 

We have given doctor Hamilton our best directions, which we 
submit humbly to your grace's better judgment, to add and com- 
mand what you think fit : he needs no more deputation, but the 93 
inserting of his name in the procuratory, which is in the close of 
the declinator. Above all we have recommended to him a care 
that it may be timeously presented ; but in this we trust only to 
your grace. 

As we pity the difficulties your grace is cast into, so shall we be 

earnest supplicants to God Almighty, to bless and preserve your 

grace in this and all other services, wherewith God and his majesty 

hath trusted you. 

TT . 7J _ T Your grace's most humble 

Hamilton, Nov. 20, D 

1638. and bounden servants, 

John Rossen. 
Wal. Brechinen. 

P.S. — What goes from my lord of St. Andrew's directed to me, I 
beseech your grace to open and read for your own use. 

141 Because of an ambiguous word which was in the paper 
the marquis was to offer in his majesty^s name to the assem- 
bly, so strictly conscientious was his majesty, that he wrote 
his sense of it in the following letter that found him at 
Glasgow. 

14 2 Hamilton, 

This is rather to give the reason of my answer than the answer 
itself (you being to receive it at large by my lord of Canterbury.) 
The truth is, that the same reason which made me blot out the 



—144* The marquis's speech to the assembly at Glasgow. (1638.) 119 

whole sentence before hath made me desire to alter a word now ; 
to wit, that I should not be thought to desire the abolishing of that 
in Scotland which I approve and maintain in England, namely, the 
five articles of Perth : now the word content expresses enough my 
consent to have them surcease for the present ; but the word pleased 
methinks imports as much as if I desired them to take them away, 
or at least were well pleased that they should do so. But I leave it 
to your ordering, so that you make it be clearly understood that 
though I permit, yet I would be better pleased if they would let 
them alone ; and so I rest 

Whitehall, 21st of Your assured constant friend, 

Novemb. 1638. Charles R. 

143 At Glasgow the marquis found the greatest confluence of 
people that perhaps ever met in these parts of Europe at an 
assembly. On the 21st they sat down ; Mr. Bell, minister of 
Glasgow, preached, as the marquis had ordered. The mar- 
quis judged it was a sad sight to see such an assembly, for 
not a gown was among them all, but many had swords and 
daggers about them : when they were set, he as lord com- 
missioner begun with this speech : 

144 My Lords, and the rest of this reverend assembly ; 04 
The making of long harangues is not suitable either with my 

education or profession, much less with this time, which now after 
so much talking ought to be a time of action. 

I pray God that as a great (and I hope the worst) part of men's 
spirits hath been evaporated into bitter and invective speeches, so 
the best and last part of them may be reserved for deeds, and these 
answerable to the professions which have been made on all sides 
when this great assembly should come. 

For the professions which have been made by our sacred sove- 
reign, (whom God long preserve to reign over us,) I am come hither 
by his command to make them good to his whole people, whom to 
his grief he hath found to have been poisoned (by whom I know 
not well, but God forgive them) with misconceits of his intentions, 
concerning the religion professed in this church and kingdom. But 
to rectify all such misconceptions of his subjects, his majesty's desire 
is, that before this assembly proceed to any thing else, his subjects 
may receive ample and clear satisfaction in these points, wherein 
his majesty's gracious intentions have been misdoubted, or glanced 
at, by the malevolent aspects of such as are afraid that his majesty's 



120 The marquis's speech to the assembly at Glasgow. II. 126 — 

good subjects should see his clear mind through any other glasses 
or spectacles than those they have tempered and fitted for them. 

Those sinistrous aspersions, dispersed by surmises, have been 
especially two ; first, as if there had been in his majesty, if not 
some intention, yet at least some inclination to give way, if not to 
alterations, yet to some innovations in the religion professed in and 
established by the laws of this church and kingdom. 

I am confident that no man can harbour or retain any such 
thought in his breast any more, when his majesty hath commanded 
that confession of faith (which you call the negative) to be sub- 
scribed by all his subjects whatsoever, and hath been graciously 
pleased to put the execution of this his royal command in your own 
hands. 

The next false, and indeed foul and devilish surmise, wherewith 
his good subjects have been misled, is, that nothing promised in his 
majesty's last most gracious proclamation (though most ungraciously 
received) was ever intended to be performed, nay, not the assembly 
itself; but that only time was to be gained, till his majesty by arms 
might oppress this his own native kingdom ; than which report 
hell itself could not have raised a blacker and falser. 

For that part which concerneth the report of the intention of not 
holding the assembly, this day and place, as was first promised and 
proclaimed, (thanks be to God,) confuteth that calumny abundantly; 
for the other, of making good what his majesty did promise in his 
last gracious proclamation, his majesty hath commanded me thus to 
express his heart to all his good subjects. 

He hath seriously considered all the grievances of his subjects 
which have been presented to him by all and several of their peti- 
tions, remonstrances, and supplications, exhibited unto himself, his 
commissioner, and lords of his secret council, and hath graciously 
granted them all ; and as he hath already granted as far as could 9^ 
be by proclamation, so he doth now desire that his subjects may be 
assured of them by acts of this general assembly, and afterwards by 
acts of parliament respective. 

And therefore he not only desires, but commands, that all the 
particulars he hath promised be first gone in hand with in this assem- 
bly, and enacted, and then afterwards what his subjects shall desire, 
being found reasonable, may be next thought upon, that so it may be 
known to God and the whole world, and particularly to all his good 
subjects, how careful his majesty is to discharge himself of all his 
gracious promises made to them ; hoping that when you shall see 
how royally, graciously, and faithfully his majesty hath dealt with 



— 146. The king's offers to the assembly. (1638.) 121 

you and all his subjects, you will likewise correspond in loyal and 
dutiful obedience, in cheerful but calm and peaceable proceeding, in 
all other business to be treated of in this assembly : and because 
there shall be no mistake, I shall now repeat the particulars, that 
you may see they are the same which were promised by his majesty's 
first proclamation. 

J 45 To this I shall add the paper of his majesty's concessions 
taken from the original, wherein his majesty had interlined 
and dashed out some things with his own pen. 

146 Charles K. 

The king's majesty being informed that many of his good sub- 
jects have apprehended, that by the introduction of the Service- 
book and Book of Canons, the in-bringing of popery and superstition 
hath been intended, is graciously pleased to discharge the said 
books, and to annul all acts made for establishing thereof ; and for 
his good people their further satisfaction, is graciously pleased to 
declare by me, that no other in that kind shall hereafter be intro- 
duced, but in a fair and legal way of assembly, allowed by act of 
parliament, and the laws of this kingdom. 

The king's majesty, as he conceived for the ease and benefit of 
the subjects, established the high commission, that thereby justice 
might be administered, and the faults and errors of such persons as 
are made liable thereto taken order with, and punished with the 
more convenience, and less trouble to the people : but finding his 
gracious intentions to be herein mistaken, hath been pleased, like as 
he is graciously content, that the same be discharged, with all acts 
and deeds made for the establishing thereof; and is pleased to de- 
clare by me, that that court or judicatory, nor no other of that 
nature, shall be brought in hereafter, but in that way allowed by the 
laws of this kingdom. 

And the king's majesty, being informed that the urging of the 
five articles of Perth's assembly hath bred distraction in the church 
and state, hath been graciously pleased to take the same into his 
consideration, and, for the quiet and peace of church and state, doth 
not only dispense with the practice of the said articles, but also dis- 
charges, and by these hath discharged, all and whatsoever persons 
from urging the practice thereof, upon either laic or ecclesiastic per- 
son whatsoever : and doth hereby free all his subjects from all cen- 
sure and pain, whether ecclesiastical or secular, for not urging, prac- 
tising, or obeying them, or any of them, notwithstanding any thing 



122 The king's offers to the assembly. II. 146 — 

contained in the acts of parliament or general assembly, to the 
contrary. 

And because it is pretended, that oaths have been administered to 
ministers at their entry, contrary and differing from that which is 
set down in the acts of parliament, his majesty is pleased to declare 96 
and ordain, that no other oath shall be required of any minister at 
his entry than that which is expressly set down in the acts of par- 
liament : and this he is content be considered of in the assembly, 
to be represented to the estates of parliament, and enacted as they 
shall find expedient. 

And that it may appear how careful his majesty is that no cor- 
ruption or innovation shall creep into this church, neither any scan- 
dal, vice, or fault of any person whatsoever, censurable or punishable 
by the assembly, go unpunished, it is his majesty's pleasure, like as 
by these his majesty does assure all his good people, that hereafter 
general assemblies shall be kept as oft as the affairs of this kirk shall 
require : and to this purpose, because it is probable that some things 
necessary for the present estate and good of this church may be left 
unperfected at this present assembly, we do by these indict another 
assembly to be holden at And that none of our 

subjects may have cause of grievance against the procedure of pre- 
lates, our pleasure is, that all and every one of the present bishops 
and their successors shall be answerable, and accordingly from time 
to time censurable according to their merits by the assembly, which 
his majesty is likewise pleased be enacted in this present assembly, 
and thereafter ratified in parliament. 

And to give all his majesty's good people good assurance that he 
never intended to admit any alteration or change in the true religion 
professed within this kingdom, and that they may be truly and fully 
satisfied of the reality of his intentions towards the maintenance of 
the truth and integrity of the same, his majesty hath been pleased 
to require and command all his good subjects to subscribe the con- 
fession of faith, subscribed by his dear father in anno 1580, and for 
that effect hath ordained the lords of his privy- council to take some 
speedy course whereby the same may be done through the whole 
kingdom ; which his majesty requires likewise all those of this pre- 
sent assembly to sign, and all others his subjects, who have not done 
it already : and it is his majesty's will, that this be inserted and re- 
gistered in the books of this assembly, as a testimony to posterity, 
not only of the sincerity of his intentions to the said true religion, 
but also of his resolution to maintain and defend the same, and his 
subjects in the professing thereof. C. R. 



— 148. The bishop of Boss writes to the marquis. (1638.) 123 

147 The marquis sent a gentleman to ask the advice of the 
bishops then in the castle of Glasgow about the particular 
way of his procedure in the assembly, from whom he had the 
following letter : 

148 My Lord, mat it please your Grace ; 

This worthy gentleman hath desired my judgment concerning 
three things : first, concerning the production of a letter from 
his majesty to the assembly, directed to the archbishops, bishops, 
and ministers, whether or not this can be produced, and any note 
made upon it, before there be a moderator condescended upon. My 
humble opinion is, (which I humbly submit to your grace's better 
judgment,) that the letter be presented, given by your grace to the 
clerk, and read by him. Here it is most like your grace will be 
pressed, that the letter is directed to an assembly, that cannot be 
without a moderator, and yet on purpose to get a moderator by 
election, and an assembly established; to which in my judgment 
it may be replied, that it may be that the king's letter containeth 
something to that purpose, which therefore is to be read, and noted 
by the clerk as produced only. The second is concerning the ex- 
amination of the commissions and commissioners : my lord, it is 
certain that both are most illegal, and there is more than sufficient gj 
ground from this one (if there were no more) to void this assembly 
and make it null. But how to begin at this I see not so well, for if 
the commissions and commissioners be rejected, then how shall the 
king's real and royal intentions be manifest to the subjects, which is 
most necessary, that the factious may not have advantage to possess 
good and loyal subjects, that his majesty is only deluding them for 
other ends. On the other part, if your grace approve the commis- 
sions and commissioners, how far king and church shall suffer, your 
grace is wiser to conceive than I am able to express. The third is 
concerning the declinator, when it shall be proposed or presented to 
your grace ; my lords of Glasgow and Brechin are fully of that mind, 
that at the very first it is to be used before the assembly be esta- 
blished : their reasons seem very pregnant ; first, because all declina- 
tors are used so ; next, if the assembly be once established, how can 
it be declined, or your grace admit our declinator or protestation ? 

My lord, seeing two things are mainly to be looked to, the one, 
that his majesty's pious intentions be made known to this present 
meeting, the other, that the church suffer no prejudice ; my humble 
opinion is, that first the king's letter (as I have said) be read, and 
marked Produced; next, immediately after, our declinator pro- 



124 The bishop of Ross writes to the marquis. II. 148- 

duced and presented to your grace, read in audience of all, instru- 
ments taken in the clerk-register's hands, and it marked by the 
clerk Produced. Then your grace may by your own wisdom con- 
ceive a brief speech, excusing yourself that you are not so well 
acquainted with the formalities and legalities of church-meetings ; 
yet that seeing in such distractions and combustions all things can- 
not be done in that orderly way is requisite, and that your grace 
does know how that, with a most earnest and fatherly care, his 
majesty endeavours the binding up of this breach, and the restoring 
of church and state to quiet and peace, and that your grace for that 
duty you owe to your master, and love you have to your native 
country, will leave nothing undone that is in your power, and in- 
cumbent to a faithful servant and kind patriot, and therefore will 
adventure to choose rather to err in formal errors, than to leave 
so material and necessary a work at such an exigent of time ; and 
so seeing there is no archbishop nor bishop present, your grace by 
connivance will permit them (for how your grace can allow it I see 
not) to choose a moderator, and will not fall upon that shelf or 
rock of examination of commissions or commissioners ; being con- 
fident that if matters go on in a moderate way, what shall be agreed 
upon shall be liked by all, even those that are taken to be their 
party ; and what is amiss in formality and legality, if no error be in 
the matter of the conclusions, may most easily and speedily be 
helped. After the moderator is condescended upon, the first thing 
your grace would urge is the registrating the king's letter in the 
books of the assembly, then the registrating of our declinator. After 
this your grace will be careful that nothing be proposed till what is 
in his majesty's Declaration be enacted, and if (this being done, they 
fall upon any extravagancy, your grace then may by advice of the 
council declare, that seeing they will not hold moderation, your 
grace and the council must examine their commissions and commis- 
sioners, (to which before you gave connivance,) and discuss the rele- 
vancy of our declinator. 

This course keeped, in my poor judgment, will fully manifest to 
all his majesty's pious intentions, evidence your grace's sincere affec- 
tion to religion and the kingdom, preserve our right, make them 
unexcusable, let the people see how unreasonable and immoderate 
they are, and give to your grace a fair way and ground to discon- 
tinue and discharge the meeting under pain of treason. This, my 98 
weak and poor opinion I have made bold to declare to your grace, 
not out of any confidence in myself, but necessitated because of that 
obedience I owe your grace, and true affection to the peace of 



— 149- The constitution of the assembly at Glasgow. (1638.) 125 

church and state, which with myself, and all my endeavours, I hum- 
bly prostrate to you, and submit to your grace's better judgment. 

I humbly beg of your grace to let me know by this gentleman what 
shall be done with our declinator, and let him come and speak with 
my lords of Glasgow, Brechin, and me, that we may be acquainted by 
him of your grace's commands. God in his mercy bless you in this 
difficult work. 

Castle of Glasgow, 22d Nov. 1638, Your grace's most humble 
at seven o'clock in the morning. anc [ bounden servant, 

Jo. ROSSEN. 

149 They were about two hundred and sixty commissioners; 
besides that from every presbytery there were also assessors, 
from some two, three, four, or more, who pretended to no 
vote, but only to give advice ; so that in all they made a 
great number. Some commissioners there were who could 
neither read nor write, and yet these were to judge of heresy, 
and condemn Arminius's points. All depended on a few that 
were more learned and grave, who gave law to the rest. The 
marquis staved off the choosing of the moderator the first 
day, and desired them first to receive in the commissions, 
and examine their elections ; but he soon foresaw he could 
not run a great way with them, and that they were resolved 
stoutly to disobey, and were beginning in their cabals to 
threaten to seize on his person, and on such of the council 
as should withstand them. But he resolved not to quit the 
grounds were laid down to him, follow on it what would ; yet 
finding afterwards that there were surmises of designs upon 
his life, he judged himself bound to let his majesty know all 
he understood of the affairs of Scotland since his last coming 
from court. Therefore he sent up sir James Hamilton, with 
a full account of all matters, containing likewise the charac- 
ters of all the councillors, together with his advice to his 
majesty, how to reduce the country to his obedience : those he 
commended most to the king, and of whose adherence he had 
received the fullest assurances, were, my lords of Traquair, 
Eoxburgh, Perth, Tullibardin, Kinnoul, Seaforth, Lauderdale, 
Southesk, Hadingtown, and Daliel ; but above all the mar- 
quis of Huntley, whose cordial affection to his majesty's ser- 
vice he highly magnified. His advice was, that Berwick and 
Carlisle should be secured, of which he put the king in mind 
almost in every letter ; that his majesty was to send a fleet of 



126 The affairs of the assembly. II. 149— 

some of his ships to lie in the Frith, and to be plying from 
that to the north, to block up their trade ; and also some 
others to ply from the Mull of Galloway to Kintire, marking 
to the king the roads and harbours whither they might retire. 
Next, his majesty was to come down with a royal army, and 
this he was assured would either teach them or force them to 
reason : but because upon a rupture they in Scotland would 
no doubt presently fall on those who adhered to his majesty, 
therefore he advised that there might be commissions of lieu- 
tenantries sent to the marquis of Huntley for the north, and 
to the earls of Traquair and Roxburgh for the south, that all 
might gather to them upon the breach. He also spared not 99 
to shew the king how the bishops had miscarried, and that 
their ambition had been great, but their folly greater. His 
majesty expressed his sense of this despatch in the following 
letter : 
15° Hamilton, 

1 have sent back this honest bearer both for safety of my letters, 
and to ease me from length of writing ; therefore in a word I thank 
you for your full and clear despatch, totally agreeing with you in 
every point thereof, as well in the characters of men as in the 
way you have set down to reduce them to obedience : only the time 
when to begin to act is considerable : to this end I have fully in- 
structed this bearer with the state of my preparations, that you may 
govern your business accordingly. Only I must tell you that you 
have given me so good satisfaction, that I mean not to put any other 
in the chief trust in these affairs but yourself. So remitting you to 
this bearer, I rest 

„-.;. j, j. Your assured constant friend, 

Whitehall, 

3 Decemb. 1638. Charles R. 

J 5* At Glasgow, on the second day of the assembly's sitting, 
they went to the election of the moderator ; but the marquis 
desired that they might first hear his majesty's letter, which 
thereupon was read. After that, he moved that they would 
read the bishops"' declinator, which was presented to him by 
Dr. Hamilton ; but that they refused, saying, they must first 
be constituted before they could consider of any business. 
Upon this he protested, which with all the other instruments 
that he took, is yet extant under the clerk of registers hands. 
Mr. Henderson was chosen moderator. Then the marquis de- 
sired that his assessors, who were only six, to wit, the earls 



— 1^4- The a fairs of the assembly. (1638.) 127 

of Argyle, Traquair, Roxburgh, Lauderdale, and Southesk, 
and sir Lewis Stewart, might also have a suffrage ; but this was 
refused, and so they would give the king but one single vote, 
though the town of Edinburgh had two in their assembly. 
Upon this also the marquis took instruments according to the 
Scottish forms : and thus for a few days he went on in the 
assembly, protesting at every step ; but as he was consulting 
what to do, he received the following letter : 

152 Hamilton, 

Concerning our preparations here, I have commanded the comp- 
troller to give you a full account, of which you may take public 
notice, and declare, that as their carriage hath forced me to take 
care to arm myself against any insolence that may be committed ; so 
you may give assurance that my care of peace is such, that all those 
preparations shall be useless, except they first break out with insolent 
actions. Now for answer to your letter, it was never heard that 1 00 
one should be both judge and party : besides, the lawfulness of the 
judicatory must be condescended upon before any cause can be therein 
lawfully determined ; therefore T say that the assembly can in no 
case be judge of their own nullities : yet you have reason not only 
to make good what I have promised, but also to promise them a 
new assembly upon the amendment of all the faults and nullities of 
this. I approve of both your bargains, and shall take care that you 
shall not lose by them, and so I rest 

Whitehall, Your assured constant friend, 

17 iv™. 1638. Charles R. 

And two days after that, he got the following letter : 

153 Hamilton, 

This is rather to shew you that I do not forget you nor your 
pains, than for any answer that your last letter needs, it being more of 
accounts than demands. Only I shall tell you, that you needed not 
to have made an excuse for asking the ten thousand pounds 
sterling ; for I know that there is but too much use for it, and the 
more I consider it, I find you have the more reason : therefore I assure 
you, that what may be done shall be done in this, and with what 
speed is possible ; and so I rest 

Whitehall, Your assured constant friend, 

2I ^' l6 3 8 - Charles R. 

154 His majesty was also pleased to take such notice of Dr. 
Balcanqual as to write the following letter about him : 

Hamilton, 
I have heard this day that the dean of Durham is dead, for the 



128 The marquis resolves to dissolve the assembly. II. 154 — 

disposing of which place, though I may have many suitors, and (which 
is more) though heretofore I have had divers intentions upon the 
disposing of that place, for the better accommodating of my service, 
the reason of which is now as forcible as ever ; yet I have thought 
fit not to dispose of it till I might (if your stay be not longer than I 
expect) speak with you : and to shew you that I am not unmindful 
of the daily pains that at this time Balcanqual takes in my service, I 
would let you see the case before I dispose of it, and have your 10 1 
opinion, if he might not stay a little longer for another nearer my 
eye, and yet not dishearten him, when it may accommodate my ser- 
vice another way ; and so I rest 

Your assured constant friend, 

Charles R. 
155 The assembly went on at such a rate that the marquis 
judged it no longer fit to bear with their courses; for all 
elections, how disorderly soever, were judged good ; their ears 
were shut upon reason, and the bishops' declinator being read 
was rejected, and an answer drawn : wherefore on the 38th 
in the morning he called a council in the chapter-house, and 
told them he was necessitated to dissolve the assembly, and 
gave his reasons for doing it, using much industry to gain 
them to concur with him in it. The earl of Argyle asked 
if he was to desire the council's approbation of what he in- 
tended, or not : the marquis answered, his instructions from 
his majesty were clear and positive for what he was to do, 
and therefore it was not in his power to let any debate be 
whether he should do it or not ; only he desired their concur- 
rence and advice as to the manner of doing it. Two hours 
were spent in discourse, but clear advices were not given from 
any of them : from thence the marquis went to the church 
where the assembly sat, and after he sat long a witness to some 
debates were among them, it was offered to be put to the 
vote, whether the assembly was a free assembly notwithstand- 
ing the bishops' declinator, or not ; upon which the marquis 
knowing well how the vote would run, rose up and said : 

!g6 I find this day great contrarieties of humours in myself ; first, cause 
of joy ; next, cause of sorrow: cause of joy, in making good what 
hath been promised by his majesty ; cause of sorrow, in that I can- 
not make further known his majesty's pious intentions. 

You have called for a free general assembly ; his majesty hath 
granted you one, most free on his part and in his intentions ; but as 



"—158. his speech at the dissolution. (1638.) 129 

you have handled and marred the matter, let God and the world 
judge, whether the least shadow or footstep of freedom can be dis- 
cerned in this assembly by any man who hath not given a bill of 
divorce both to his understanding and conscience. With what 
wresting and wringing your last protestation charges his majesty's 
last gracious proclamation in the point of prelimitations is both 
known and misliked by many even of your own pretended covenant ; 
but whether your courses, especially in the elections of the members 
of this assembly, be not only prelimitations of it, but strong bars 
against the freedom of it, nay utterly destructive both of the name 
and nature of a free assembly, and unavoidably inducing upon it 
many and main nullities, will be made manifest to the whole world. 
But his majesty's sincere intentions being to perform in a lawful 
assembly all he hath promised in his gracious proclamation, if you 
find out a way how these things may pass, and be performed even in 
this assembly, such as it is, and yet his majesty not made to approve 1 02 
any way the illegalities and nullities of it, for satisfying all his ma- 
jesty's good subjects of the reality of his meaning; I am by his 
majesty's special command ready to do it, and content to advise with 
you how it may be done. 

157 And after this he caused read his majesty's concessions, as 
they had been before proclaimed : upon which he took instru- 
ments, that by producing and signing of them, first, his ma- 
jesty's intentions were made known; next, that in the producing 
and delivering of them, the lawfulness of the assembly was not 
acknowledged. After that, he went on and discoursed against 
the constitution of the assembly in the following words : 

158 But now I am sorry I can go on with you no more, for the sad 
part is yet behind, about ruling-elders ; for neither ruling-elders nor 
any minister chosen commissioner by ruling-elders can have voice 
here, because no such election is warranted, either by the laws of 
this church or kingdom, or by the practice or custom of either : for 
even that little which appeareth to make for those elders in the book 
of discipline hath at this time been broken by you, there being more 
lay-elders giving votes at every one of those elections than there 
were ministers, contrary to the book of discipline ; as in Lanerick 
but eight ministers, and eighteen or nineteen lay-elders ; and so in 
divers other presbyteries : and in every presbytery, when the ministers 
upon the list were removed, the remaining elders exceeded far the 
remaining ministers. But say there were law for those lay-elders, 
the interruption of the execution of that law for above forty years 

Hamilton. k 



130 Speech of the marquis at II. 158. 

makes so strong a prescription against it, that without a new reviving 
of that law, by some new order from the general assembly, it ought 
not again be put in practice ; for if his majesty should put in practice 
and take the penalties of any disused laws without new intimations 
of them from authority, it would be thought by yourselves very hard 
dealing. 

To say nothing of that office of lay-elders, it being unknown to 
the scripture or church of Christ for above one thousand five hundred 
years, let the world judge whether those laymen be fit to give votes 
in inflicting the censures of the church, especially that great and 
highest censure of excommunication, none having power to cast out 
of the church by that censure but those who have power to admit 
into the church by baptism : and whether all the lay- elders here 
present at this assembly be fit to judge of the high and deep mys- 
teries of predestination, of the universality of redemption, of the suf- 
ficiency of grace given or not given to all men, of the resistibility of 
grace, of total and final perseverance or apostasy of the saints, of 
the antelapsarian or postlapsarian opinion, of election and reprobation ; 
all which they mean to ventilate, if they do determine against the 
Arminian, as they give out they will. 

In many presbyteries these lay-elders disagreed in their elections 
wholly, or for the most part, from the ministers, and carried it from 
them by number of votes, though in all reason the ministers them- 
selves should best know the abilities and fitness of their brethren : 
and this was done in the presbyteries of Chirnside, Linlithgow, 1 03 
Aberdeen, and divers more. 

How can these men now elected be thought fit to be ruling- elders 
who were never elders before, all or most part of them being chosen 
since the indiction of the assembly, some of them but the very day 
before the election of their commissioners ; which demonstrates 
plainly that they were chosen only to serve their associates' turn 
at this assembly ? 

Since the institution of lay-elders by your own principles is to 
watch over the manners of the people in the parish in which they 
live, how can any man be chosen a ruling-elder from a presbytery 
who is not an inhabitant within any parish of that presbytery, as 
hath been done in divers elections, against all law, sense, or reason. 

By what law or practice was it ever heard, that young noblemen, 
or gentlemen, or others, should be chosen rulers of the church, 
being yet minors, and in all construction of law thought unfit to 
manage their own private estates, unless you will grant that men 
of meaner abilities may be thought fit to rule the church, which is 



158. the dissolution of the assembly . (1638.) 131 

the house of God, than are fit to rule their own private houses, 
families, and fortunes ? 

By what law can any ruling-elder be sent to a presbytery to give 
vote in any thing, especially in choosing commissioners for the 
general assembly, who is not chosen for that purpose by the session 
of that parish in which he is a ruling- elder ? And who gave power 
to the minister of every parish to bring with him to the presbytery 
for that purpose any ruling- elder of his parish whom he pleased ? 

But it is well known that divers elders gave votes in these pres- 
byteries to the elections of some commissioners here, who were not 
chosen by the sessions of their several parishes to give votes in 
those presbyteries ; and therefore such commissioners as were 
chosen by such lay- elders can have no vote here. 

By what law or practice have the several parishes or presbyteries 
chosen assessors to their ruling-elders, without whose consent some 
of the commissioners here present are sworn not to vote to any 
thing ? 

This introducing of ruling-elders is a burden so grievous to the 
brethren of the ministry, that many of the presbyteries have pro- 
tested against it for the time to come, some for the present, as shall 
appear by divers protestations and supplications ready to be here 
exhibited. 

For the ministers chosen commissioners hither, besides that the 
fittest are passed by, and some chosen who were never commis- 
sioners of any assembly before, that so they might not stand for 
their own liberty in an assembly of the nature whereof they are 
utterly ignorant, choice hath been also made of some who are under 
the censure of the church, of some who are deprived by the church, 
of some who have been banished and put out of the university of 
Glasgow for teaching their scholars that monarchies were unlawful, 
some banished out of this kingdom for their seditious sermons and 
behaviour, and some for the like offences banished out of another of 
his majesty's kingdoms, Ireland, some lying under the fearful sen- 
tence of excommunication, some having no ordination nor imposition 104 
of hands, some admitted to the ministry contrary to the standing 
laws of this church and kingdom, all of them chosen by lay- elders ; 
what a scandal were it to the reformed churches to allow this to 
be a lawful assembly, consisting of such members, and so unlawfully 
chosen ? 

Of this assembly divers who are chosen are at the horn, [that is, 
under a writ of outlawry,] and so by the laws of this kingdom are 
uncapable of sitting as judges in any judicatory. 

k 2 



132 Speech of the marquis at the dissolution II. 158- 

Three oaths are to be administered to every member of this 
assembly, the oath for the confession of faith, lately renewed by his 
majesty's commandment, the oaths of allegiance and supremacy ; 
and whosoever shall refuse any of these cannot be a judge in any 
judicatory of this kingdom : and therefore resolve presently whether 
you will take them or not. 

You have cited the reverend prelates of this land to appear before 
you by a way unheard of, not only in this kingdom, but in the whole 
Christian world, their citations being read in the pulpits, which is 
not usual in this church ; nay, and many of them were read in the 
pulpits after they had been delivered into the bishops' own hands. 
How can his majesty deny unto them, being his subjects, the benefit 
of his laws, in declining all those to be their judges who by their 
covenant do hold the principal thing in question, to wit, episcopacy, 
to be abjured, as many of you do ? or any of you to be their judges 
who do adhere to your last protestation, wherein you declare that 
it is an office not known to this kingdom, although at this present 
it stand established both by acts of parliaments and acts of general 
assemblies ? Who ever heard of such judges as have sworn them- 
selves parties? And if it shall be objected, that the orthodox bishops 
in the first four and other general councils could not be denied to 
be competent judges of the heretics, though beforehand they had 
declared their judgments against their heresies : it is easily answered, 
that in matters of heresy no man must be patient, since in funda- 
mental points of faith a man cannot be indifferent without the hazard 
of his salvation, and therefore must declare himself to be on Christ's 
side, or else he is against him ; but in matters of church-government 
and policy, which by the judgment of this church in the 21st article 
of our confession is alterable at the will of the church, it is not 
necessary for any man who means to be a judge to declare himself, 
especially against that government which stands established by law 
at the time of his declaration, being not only not necessary, but 
likewise not lawful for him at that time so to do : now this declara- 
tion all you who adhere to the last protestation have made, even 
since you meaned to be the bishops' judges. Besides, even those 
orthodox fathers never did declare themselves against the heretics, 
their persons or callings, by oaths and protestations, as you have 
done; for that had been a prejudging in them, and this prejudging 
in you makes you now to be incompetent judges. 

Upon the whole matter then there are but two things left for me 
to say : first, you yourselves have so proceeded in the business of 
this assembly, that it is impossible the fruits so much wished and 



— i6o. of the assembly. — Mr. Henderson answers. (1638.) 13$ 

prayed for can be obtained in it ; because, standing as it does, it 
will make this church ridiculous to all the adversaries of our religion; 
it will grieve and wound all our neighbour reformed churches who 105 
hear of it ; it will make his majesty's justice to be traduced through- 
out the whole Christian world, if he should suffer his subjects, in 
that which concerns their callings, their reputations, and their for- 
tunes, to be judged by their sworn enemies. If therefore you will 
dissolve yourselves, and amend all these errors in a new election, 
I will with all convenient speed address myself to his majesty, and 
use the utmost of my intercession with his sacred majesty for the 
indiction of a new assembly, before the meeting whereof all these 
things now challenged may be amended : if you shall refuse this 
offer, his majesty will then declare to the whole world that you are 
disturbers of the peace of this church and state, both by introducing 
of lay- elders against the laws and practices of this church and king- 
dom, and by going about to abolish episcopal government, which at 
this present stands established by both the said laws : two points 
(I dare say) and you must swear it, if your consciences be appealed 
to, (as was well observed by that reverend gentleman we heard 
preach the last Sunday,) which these you drew into your covenant 
were never made acquainted with at their entering into it ; much 
less could they suspect that these two should be made the issue 
of this business, and the two stumblingblocks to make them fall off 
from their natural obedience to their sovereign. 

i%g Mr. Henderson made a long speech, wherein he said much 
to the magnifying of the king's authority in matters eccle- 
siastical, calling him the universal bishop of the churches in 
Ms dominions, with other such like expressions, which gave 
no small disgust to many of the zealous brethren : but in the 
end he said, that we must render to God the things that 
were God\ as well as to Caesar the things which were 
Caesar's ; and spoke much for vindicating their proceedings, 
and charging the bishops. And after him many of the lords 
spoke about the freedom of the assembly ; to whom the mar- 
quis replied : 

1 60 As for your pretence of your unlimited freedom, you indeed 
refused so much as to hear from his majesty's commissioner of 
any precedent treaty for the preparing and right- ordering of things 
before the assembly ; alleging, that it could not be a free assembly 
where there was any prelimitation either of the choosers or of those 



134 The assembly is dissolved, II. 160 — 

to be chosen, or of things to be treated of in the assembly, but that 
all things must be discussed upon the place, else the assembly could 
not be free : but whether you yourselves have not violated that 
which you call freedom, let any man judge ; for besides these in- 
structions, which it may be are not come to our knowldege, we have 
seen, and offer now to produce, four several papers of instructions 
sent from them whom you call the tables, containing all of them 
prelimitations, and such as are not only repugnant to that which 
you call the freedom, but to that which is indeed the freedom of an 
assembly. Two of these papers were such as you were contented 
should be communicated to all your associates, to wit, that larger 
paper sent abroad to all presbyteries, immediately after his majesty's 
indiction of the assembly, and that lesser paper for your meeting 
first at Edinburgh, then at Glasgow, some days before the assembly; 106 
which paper gave order for choosing of assessors, and divers other 
particulars : but your other two papers of secret instructions were 
directed, one of them only to one minister of every presbytery, to 
be communicated by him as he should see cause, but to be quite 
concealed from the rest of the ministers ; the other paper was 
directed only to one lay-elder of every presbytery, and to be com- 
municated by him as he should see cause, but to be quite concealed 
from all others : in both which papers are contained such directions, 
which being followed, as they were, have quite banished all freedom 
from this assembly ; as shall appear by reading the papers them- 
selves. 

161 These he caused read, but they were disowned by the 
members of the assembly ; and they said, they might have 
been the private opinions of some, but did infer no prelimita- 
tion on the assembly : to which the marquis answered, that 
all the elections being ordered according to these, was a clear 
proof they were sent by an authority which all feared to dis- 
obey. And after that he told, that for many months the 
orders of the table had been obeyed by all ; but he would 
now make a trial what obedience they would give to the 
king''s command : and protested, that one of the chief reasons 
that moved him to dissolve this assembly, was, to deliver the 
ministers from the tyranny of lay-elders, who, if not suppressed, 
would (as they were now designing the ruin of episcopal power) 
prove not only ruling, but overruling-elders. 

162 By this time his heart was so full of grief, (which was easily 



— 165. and the marquis returns to Edinburgh. (1638.) 135 

to be observed by divers indications,) that almost all present 
were affected with it. In end, seeing nothing said in reason 
did prevail, he in his majesty's name dissolved the assembly, 
and discharged their further proceeding under pain of treason. 
Mr. Henderson and the earl of Rothes answered him, that 
they were sorry he left them ; but their consciences bore 
them witness they had hitherto done nothing amiss, so they 
could not desert the work of God ; protesting much of their 
duty and obedience to the king in its due line and subordina- 
tion : and after this a long protestation was begun and read. 
*"3 This being done, the marquis presently went out and called 
a new council, to whom he told how sorry his majesty would 
be for this breach, and how really desirous he was to have 
done all was possible for satisfying of his subjects, but that 
their behaviour had extorted what was done; he therefore 
encouraged them all to their duty to the king, assuring them, 
that whatever any of them might suffer for it, his majesty 
would see they should be no losers. From this council the 
earl of Argyle withdrew, and fully cleared all jealousies about 
him; for he told the marquis, in plain language, he would 
take the covenant and own the assembly. But most of the 
councillors seem satisfied with the marquis's carriage in the 
assembly, particularly all his assessors, (Argyle only excepted;) 
yet the marquis durst not offer the proclamation for dissolving 
the assembly to be signed in council for fear of a refusal, not 
having tried them all in it beforehand ; but got most of them 
to sign it next morning ; and then he sent it to the market- 
cross to be proclaimed, where it met with a new protestation. 
Argyle's example was followed by some few privy-councillors, j 07 
whose declaring themselves the marquis judged rather an ad- 
vantage than a loss. 

164 The council also wrote a letter to the king, highly com- 
mending the marquis's zeal and industry in what had passed 
in the assembly, which is in the large Declaration, to which 
the reader is referred for the perusal of all the papers set 
down there at length ; these being only inserted here that 
were not then made public. 

165 Thus he left Glasgow and went first to Hamilton, carrying 
some of the bishops with him for their security from hazard ; 
and after two or three days' stay there went to Edinburgh, 



136 The archbishop of Canterbury writes II. 165 — 

(hoping, that as he had outlived their threats, he should ere 
long see his majesty master their insolence) : and from thence 
he gave his majesty an account of what had passed since his 
last, together with a desire for a permission to come and wait 
on him. To which the king wrote the following answer : 

166 Hamilton, 

I never expected other than that you would have too just grounds 
to dissolve this assembly ; and certainly I were very unjust if I did 
not approve you therein, since not only your instructions warrant 
you the same, but even the council hath testified to me the necessity 
of it. And now I shall lay before you some considerations. In the 
first place, to take care that your coming away do not cast things so 
loose, that the honest men of my party do believe that you leave 
them as in a case desperate, or at least that by your absence they be 
denuded of advice and protection : therefore I hope, before you come 
up, you will take so good order, that your absence do neither dis- 
hearten nor prejudice my party. As for my preparations, I doubt not 
but ere this you have had a full account by your cousin sir James, 
whereby you find that I shall not be able to shew myself like myself 
before February or March ; wherefore I lay it to your consideration, 
whether it were not fit to give hopes that the parliament shall hold, 
(notwithstanding all the impertinences of this last assembly,) so 
that their follies break not out into open acts of rebellious violences : 
and really I will not say, but (that things may be so prepared) it 
may be fitting that it should hold. To conclude, I hope you do not 
conceive that the date of your commissionership is out ; wherefore I 
expect that (if you find cause) you send out commissions of lieu- 
tenantries to Huntley for the north, and to Traquair or Roxburgh, 
either jointly or severally, (as you shall find most fit,) for the south ; 
yet all as subaltern to you. This, I confess, is not to be done but 
upon great necessity, of which I leave you (as upon the place) to be 
judge, (being abundantly satisfied of your zeal and dexterity to serve 108 
me) as I do of all that I have now written : and so I rest 

Whitehall Your assured constant friend, 

7 Dec. 16 ,8. Charles R. 

^7 To this shall be added two letters written by the archbishop 
of Canterbury to the marquis on the same subject : 

My very good Lord, 
I received your lordship's letters of November 27th, they came 
safe to me on December 2nd after eight at night. I was glad to see 
them short ; but their shortness is abundantly supplied by the length 



— 167. two letters to the marquis. (1638.) 137 

of two letters, one from the lord Ross, and the other from the dean" 
They have between them made their word good to your lordship, for 
they have sent me all the passages from the beginning of the as- 
sembly to the time of the date of their letters : and this I will be 
bold to say, never were there more gross absurdities, nor half so 
many, in so short a time, committed in any public meeting ; and 
for a national assembly never did the church of Christ see the like. 

Besides his majesty's service in general, that church is much be- 
holding to you, and so are the bishops in their persons and callings : 
and heartily sorry I am that the people are so beyond your expres- 
sion furious, that you think it fit to send the two bishops from Glasgow 
to Hamilton ; and much more, that you should doubt your own safety. 
My lord, God bless your grace with life and health to see this business 
at a good end, for certainly, as I see the face of things now, there 
will very much depend upon it, and more than I think fit to express 
in letters ; nay, perhaps, more than I can well express if I would. 

I am as sorry as your grace can be that the king's preparations 
can make no more haste. I hope you think (for truth it is) I have 
called upon his majesty, and by his command upon some others, to 
hasten all that may be, and more than this I cannot do ; but I am 
glad to read in your letters that you have written at length to his 
majesty, that you may receive from himself a punctual answer to all 
necessary particulars : and I am presently going to him to persuade 
him to write largely to you, that you may not be in the dark for 
any thing. 

But (my lord) to meet with it again in your letters that you can- 
not tell whether this may be your last letter, and that therefore you 
have disclosed the very thoughts of your heart, doth mightily trouble 
me : but I trust in God he will preserve you, and by your great 
patience, wisdom, and industry set his majesty's affairs (to your 
great honour) in a right posture once again ; which if 1 might live 
to see, I would be glad to sing my Nunc dimittis. 

I pray (my lord) accept my thanks for the poor clergy there, and 
particularly for the bishop of Ross, who protests himself most infi- 
nitely obliged to you. 

1 heartily pray your lordship to thank both the bishop of Ross 
and the dean for their kind letters, and the full aecount they have 
given me ; but there is no particular that requires an answer in 
either of them, saving that I find in the dean's letter that Mr. Alex. 
Henderson, who went all this while for a quiet and calm-spirited man, 
hath shewed himself a most violent and passionate man, and a mo- 109 
derator without moderation. Truly (my lord) never did I see any 



138 Letters of 'the archbishop of Canterbury II. 167 — 

man of that humour yet, but he was deep dyed in some violence or 
other, and it would have been a wonder to me if Henderson had held 
free. Good my lord, since you are good in the active part, in the 
commixture of wisdom and patience, hold it out till the people may 
see the violence and injustice of them that would be their leaders, 
and suffer not a rupture till there be no remedy. God bless you in 
all your ways, which is the daily prayer of 

Lambeth Your lordship's most faithful friend 

3 Decemb. 1638. and humble servant, 

W. Cant. 
168 My very good Lord, 

I received your letters of the 2nd of December upon the 6th of the 
same at night, and could not speak with his majesty till this day. 
This day I did, and shewed him your letters and the dean's ; and I 
read to him more than the latter half of all the long discourse which 
the dean wrote unto me; for his majesty was very desirous to know 
what occasion you took to dissolve the synod, and how you prose- 
cuted it ; in both which that paper gave him great satisfaction. 

With your letters I have received three other papers, that which 
shews you have keeped within your instructions, the copy of the 
proclamation which dissolves the assembly, and a copy of the coun- 
cil's letter to the king ; both which his majesty takes to be very good 
service done for him, and commands me to give your grace thanks 
in his name, which I am very glad to do, and I do it heartily. 

For the earl of Argyle I can say no more than I have already, 
though now I know him more perfectly than I did. Your resolution 
was to put him from the council-table if he refused the king's co- 
venant ; he hath now deserved it more, but whether it be a fit time 
as yet to proceed so far, I dare not determine here. This I am sure 
of, if he do now publicly adhere to the covenant and the assembly, 
nay, be the professed head of the covenant, (as the dean calls him,) 
yet he will have much ado to look right upon that who ever looked 
asquint upon the king's business. 

Concerning your coming up to court, I am glad I find his majesty 
in that opinion which I cannot choose but be of, that is, to leave it 
to yourself, and your own judgment upon the place, whether it be 
fitter for you to come or stay : for the truth is, my lord, in my poor 
judgment, the king must needs leave this to yourself, or discern him- 
self; for if he bids you come, you will not stay ; and if he would have 
you stay, you will not come : but whether it be fittest to come or stay 
cannot be prudently judged here ; therefore (my lord) do that which 
shall be best approved there for his majesty's service. And as much 



— i6g. to the marquis. (1638.) 139 

as I desire to see you, I will be bold to add this, that I hope you will 
not stir to come thence till you have so settled the country, or at least 
the king's party there, as that you may be sure they may be safe, 
till further course for security may be taken : for I do not know how 
much it may dishearten them if your grace come away from them too 
soon. 

In tender care of his majesty's both safety and honour, I have done 
and do daily call upon him for his preparations. He protests he 
makes all the haste he can, and I believe him ; but the jealousies of 
giving the covenanters umbrage too soon have made preparations no 
here so late. I do all I can here with trouble and sorrow enough. 

Here is news that three shipsfull more of arms are come to Leith 
from Poland : whence have they money to buy all this ? If this be true, 
the king of Poland hath watched a shrewd opportunity to quit the 
king for the late neglect of his ambassador. And that which trou- 
bles me not a little is, that the king's party there (I doubt) is not 
half so well provided of arms as the covenanters are. 

For the money you mention, I wish with all my heart you had re- 
ceived it, for at the rising of the assembly most miserable will be the 
condition of them who have faithfully served God and the king. I 
have now again put it to the king, and he sees enough, but cannot 
well tell how to help it ; yet this he said, If he could possibly scrape 
so much together, it should be had. 

I pray be pleased to thank the dean for his great pains, though it 
cost me the sitting up some part of the night to read it. His letter, 
beside that discourse, contains but two things; the necessity of a 
present show of force against the rising of the assembly, before men 
be urged to new confederacies and subscriptions to all things deter- 
mined in this assembly : the other, that some care may be had for 
the poor ministers, who will be put to the greatest sufferings, and 
all for God and the king. And to these two I have said as much as 
I can, and shall daily labour with the king to do all that may be 
done for them. I pray God bless your lordship, but I am in6nitely 
sorry so much grace and goodness of the king's should be no better 
received. To God's blessed protection I leave you and all your 
endeavours, and shall ever shew myself 

Whitehall Your grace's most faithful friend 

Decemb. 7, 1638. and humble servant, 

W. Cant. 
169 The assembly all this while were not idle, but went on at a 
great rate now that there was none to curb them. They con- 
demned all the assemblies had been for forty years before, as 



140 The marquis puts forth a proclamation against II. 169 — 

prelimited and not free ; they declared episcopacy unlawful, and 
contrary to the laws of their church : the same was the fate of the 
Service-book, Book of Canons, high commission, and the articles 
of Perth. They appointed the covenant to be taken by all 
under pain of excommunication, with their new gloss against 
episcopacy and the ceremonies : and then they proceeded to 
the processes of bishops notwithstanding their declinator, 
which was sure not to be sustained by them ; for they, being 
both judges and parties, would not fail to carry the matter as 
they desired. 
J 7° The marquis at his coming to Edinburgh on the 17th of 
December emitted a large proclamation, containing the rea- 
sons of his dissolving the assembly, and declared those who 
continued to sit in that pretended assembly traitors. He 
added his majesty's pious intentions to preserve the religion 
established ; discharging all his subjects to acknowledge or 
obey the acts of that pretended assembly, with an assured 
promise of protection to all such as continued in their obedi- 
ence to his majesty's service. This he sent every where to be 
proclaimed through Scotland, and wrote to all he heard of 
that were affectionate to his majesty's service, encouraging 
them to continue in their duty, assuring them of the king's 1 1 1 
favour and goodness. But now were all people's minds set on 
flame, every one expecting what should be the issue of this 
disorderly affair. 

171 He begun again to talk with the covenanters, according to 
the king's order for a continuance of treating ; but they re- 
ceived it with so much neglect, that he was scarce able to 
bear it : and finding they did encourage themselves with the 
king's clemency, he resolved to prostitute the offers of it no 
more. He found the castle of Edinburgh in some better 
posture at his return thither than he had left it when he 
went to the west; forty good men were stolen into it with 
some muskets and cases of pistols, and abundance of ammu- 
nition, and provision for five weeks. This was carried with 
great cunning, for the castle had been watched all the while : 
but when the covenanters understood what was carried in, 
they were enraged, and beset the castle so closely with their 
guards, that it was as good as besieged. 

172 The assembly of Glasgow, after they had deposed all the 



—174- the assembly. — He is indisposed. (1638.) 141 

bishops, and excommunicated eight of them, wherein it was 
easy to proceed against absents, at length they closed with a 
letter to the king, (to be found in the printed acts of that 
assembly) ; and in it they justified their procedure, complained 
of the usage they met with from his commissioner; and 
prayed his majesty to look upon them as good and dutiful 
subjects, and be satisfied with what they had done. 

1 13 The marquis's journey was delayed, through an indisposi- 
tion of body, some days longer than he intended ; and indeed 
(all things being considered) it was a wonder how either body 
or mind could hold out so long. His negotiation was both 
painful and unprosperous : most of the day he was obliged to 
spend with unmanagable and unruly spirits, and much of the 
night in writing letters ; for every third or fourth day he gave 
the king a large account of what passed, which was some- 
times of the length of two sheets of all sides in close writing. 
This was always seconded by another to my lord of Canter- 
bury of the same, and often a greater length. Besides that, 
about other matters of course he wrote as often to the earl of 
Stirling, and almost as often to sir Henry Vane. And this 
was besides all his letters up and down Scotland, most of 
which, particularly those to my lord Huntley, (which were at 
least weekly,) were all with his own hand. And the most un- 
easy part of all was, that he was obliged to keep himself in a 
reserve almost with every body, there being very few about 
him whom he durst entirely trust : and certain it is, had not 
his mind been of a great and undaunted stayedness and calm- 
ness, the shocks he met with had dashed him to pieces. 

l 74 But having recovered his health, and put things in the best 
order could be expected in the midst of so great disorders, he 
took journey to London on the 28th of December, having com- 
mitted the chief care of business to the earl of Traquair ; in 
whose hands he left some of the blanks under the king's hand 
which he had by him, to be filled up as Traquair should be 
answerable ; with a particular order, that if the lords of the 
covenant pressed the lords of the session to do any thing that 
might infer an acknowledgment of the assembly of Glasgow, 
and if he saw any grounds to fear their yielding, then he 
should fill up one of the blanks with a proclamation to the 
session to rise. Thus ended this ominous year. 



142 Sad posture of affairs — The king II. 175 — 

T 75 Anno 1639. 11% 

The marquis's thoughts did bear him sad company during 
his journey ; the least painful of them was, that he knew he 
had many enemies, who would impute the present disorders 
to his mismanagement, if not to his unfaithfulness ; but those 
he quieted with his confidence in his majesty's justice and his 
own integrity. And indeed any personal hazard could meet 
him must have had small footing in a mind prepossessed with 
other thoughts. That which tormented him most (as ap- 
pears by his letters) was, that he saw inevitable ruin hanging 
either over his master or his country, if not over both ; since 
the ruin of either would prove fatal to both. To advise 
his majesty to treat any further, before he were in a posture 
to command as well as to treat, was so dishonourable that he 
could not think of it. He saw a kingly way must be taken, 
but he knew well his majesty's affairs were not in a very good 
posture. England had enjoyed a long quiet, and so both 
their warlike spirits and preparations were much rusted : 
there was store of factious spirits among them, who would 
give artless assistance to his majesty in his designs ; and those 
who would be most forward, he knew were ready to drive his 
majesty's resentments too far. He saw little hope of any 
party to be made for the king in Scotland, except from the 
marquis of Huntley. He knew the covenanters would pro- 
ceed as men desperate ; and less heartiness could be expected 
from his majesty's hired soldiers, than from such as had no 
hope but in their hands and actions. In a word, all things 
looked so cloudy to his discerning mind, that it proved a me- 
lancholy journey to him. 

176 On the 5th of January he came to Whitehall, where he 
gave the king a true and ample relation of all particulars. 
His majesty was fully satisfied with his carriage in every step 
of it, approving all he had done ; but was so highly irritated 
at the covenanters, that he resolved neither to think nor talk 
of treating, till he should appear in a more formidable pos- 
ture; judging it would render his person and government 
contemptible, not only to all abroad, but to his other subjects, 
and teach them to kick off his authority, if after all the 
affronts had been put upon his laws and condescensions he 
should be so tame as still to treat ; and therefore was re- 



— 177- is much displeased with the covenanters. (1639.) 143 

solved not to receive the letter he knew was coming from the 
assembly to him, backed with a petition from the lords. But 
the marquis desired he would delay any such more apparent 
breach till he were ready to appear in the field, which was 
impossible before March. All his majesty's thoughts were now 
bent upon the way of reducing Scotland to due obedience, in 
which the marquis offered him his humble and hearty concur- 
rence : for though his affection to his country and friends did 
struggle strongly against his engaging further, yet it yielded 
to his duty ; but not so entirely, as to clear his spirit of sad 
regrets. And in this he was not only rivalled, but far out- 
stripped by his sovereign, whose sorrow keeping pace with 
his affection and interest, made this expedition prove as sad 
as it was just. 
177 The design was thus laid down : his majesty was to raise 113 
an army of thirty thousand horse and foot, and to lead them 
in person towards Scotland : he was to write to all the no- 
bility of England, to wait upon him to the campaign with 
their attendants, who should be maintained by his majesty's 
pay : he was to put good garrisons in Berwick and Carlisle, 
two thousand in the former, and five hundred in the latter : 
he was at the same time to send a fleet to ply from the Frith 
northward for stopping of trade, and making a great diversion 
for guarding the coast : he was also to send an army of five 
thousand men under the marquis's command to land in the 
north, and join with Huntley's forces : all which should be 
under his command, he retaining still the character of com- 
missioner, with the addition of general of the forces in Scot- 
land. And with these he was, first, to make the north sure, 
and then to move southward, which might both make an- 
other great diversion, and encourage such as wished well 
to his majesty's service, who were the greater number in 
those parts. Next, the earl of Antrim was to land in Argyle- 
shire, upon his pretensions to Kyntire, and the old feuds 
betwixt the Macdonalds and Campbels; and he promised to 
bring with him ten or twelve thousand men. And last of all, 
the earl of Strafford was to draw together such forces as 
could be levied and spared out of Ireland, and come with 
another fleet into Dumbriton-frith ; and for his encourage- 
ment the marquis desired him to touch at Arran, (that being 



1 44 The king resolves to curb the insolences of II. 1 77 — 

the only place of his interest which he could offer unto his 
majesty,) and he would be sure of all his men there (such 
naked rogues as they were, is his own phrase). Besides, there 
were store of cows in that island for the provision of the fleet, 
which he appointed should not be spared. 
178 Thus was the design laid down for curbing the Scottish in- 
solences : yet his majesty firmly resolved, that whenever they 
returned to their obedience he should not be ^inexorable. 
The first thing for prosecuting this design was the looking 
for officers and money : for the former, England was pretty 
scant; yet the best were sought out. On the second of 
February the king named the earl of Arundel to be general, 
the earl of Essex to be lieutenant-general of the foot, and the 
earl of Holland to command the horse. Letters were also 
sent through the counties for levying of men, and advertise- 
ments given to the nobility to meet the king at York against 
the first of April. Antrim undertook bravely, and Strafford 
said he should do what was possible with all expedition. The 
fleet was appointed presently to be rigged out ; and orders 
issued out for levying five thousand soldiers, under the com- 
mand of the three gallant colonels, Morton, Byron, and Hare- 
coat, who should go with the fleet without knowing whither 
they went. A commission for the lieutenantry of the north 
of Scotland was sent to the marquis of Huntley ; but he was 
ordered to keep it up as long as was possible, and carefully to 
observe two things : one was, not to be the first aggressor, 
except he were highly provoked, or his majesty's authority 
signally affronted : the other was, that he should keep off with 
long weapons, till his majesty were on the borders ; lest if he 
should begin sooner, the covenanters might overwhelm him 
with their whole force, and either ruin him, or force him to 
lay down his arms. As for the marquis's employment, he 
told his majesty, that though he was so far from declining his 
service at such a time, that he should be infinitely troubled if 114 
he were not employed : yet he desired the king might choose 
a fitter person for the naval forces, since he was altogether 
unacquainted with sea affairs, and not fit for such an im- 
portant service. But his majesty looking upon this as an 
effect of his modesty, gave no hearing to it ; telling him, that 
as for affairs purely naval, sir John Pennington the vice- 



— i8r. the covenanters, who also prepare for war. (1639.) 145 

admiral should go with him, and would abundantly supply his 
defects in that. 

179 But the getting of money was the hardest part of all, for 
two hundred thousand pound sterling was all the money the 
king could make account of. The treasury was much ex- 
hausted ; and an unlucky accident fell in at that time, which 
put the king to much extraordinary expense, the queen- 
mother of France coming over to England : yet the king 
found himself able to do well enough for the summer follow- 
ing, but his purse could not weather out another year. 

180 Thus did the king frame and prosecute his design, with the 
secret whereof very few were trusted ; it being communicated 
to none without reserve save to Canterbury, Arundel, sir 
Henry Vane, and by letters to Strafford, but above all to the 
marquis. 

181 But here this narration must be stopped, that we may take 
a view of Scotland, and of the power and practices of the 
covenanters. In the beginning of January there was a full 
meeting of them at Edinburgh, where they first resolved to 
send a gentleman to the king, with the assembly's letter, and 
a petition from themselves, full of submission to the king, 
invectives against the marquis, and justifications of their pro- 
cedure in all things, particularly in the late assembly : which 
they doubted not they should make appear in the ensuing 
parliament, of the holding whereof they seemed to make no 
question. With this the earl of Argyle wrote a general vin- 
dication of his own behaviour : and these letters were sent to 
court by Mr. Winram. His majesty received their petition, 
but resolved to give it such an answer in due time as their 
behaviour deserved : but he wrote back to Argyle, that he 
should be willing to receive from his own mouth a vindication 
of his late behaviour, though it seemed scarce capable of any. 
The covenanters their next, and indeed chief care, was, to 
fortify themselves against what they knew in reason they 
might quickly expect. Orders were therefore given through 
all the shires of Scotland that a committee of war should sit 
in every shire, soldiers be listed and trained, and a commis- 
sioner sent from every county, to lie at Edinburgh for re- 
ceiving and transmitting of orders. Great care was also taken 
to provide the country with arms and ammunition, merchants 

Hamilton. l 



1 46 The covenanters are much inflamed by the ministers, II. 181 — 

were sent every where to buy up all were to be had, and in a 
short time there were arms for above thirty thousand men 
brought to Scotland; and particular orders were given that 
none should be sold but to such as were well affected to the 
cause. Strong and strict guards were set about the castle of 
Edinburgh, so that it being but hitherto ill furnished, little 
was to be expected from it ; wherefore Ruthwen would not 
shut himself up within it, but went to offer his service to his 
majesty, where he might be more useful. They were also 
careful to fortify Leith, apprehending hazard from the king's 
fleet; and about fifteen hundred of all sexes, yea and all 
qualities, for encouraging of others, wrought about it till the 
fortifications were completed. 

182 But of all men the ministers were the busiest : the pulpits 115 
did ring with the ruin of religion and liberties ; and that all 
might look for popery and bondage, if they did not now quit 
themselves like men. Curses were thundered out against 
those who went not out to help the Angel of the Lord against 
the mighty, (so oddly was the scripture applied) ; and to set 

off this the better, all was carried on with many fasts and 
prayers : and they forgot not to pretend much duty and 
affection to the king ; but the bishops and his other ill 
councillors (as they called them) got the blame of all, and 
none more than the marquis. By these means it was that 
the poor and well-meaning people were animated into great 
extremities of zeal, resolving to hazard all in pursuance of 
the cause : for they were told that the design was to reduce 
Scotland to a province under the power of the English, whose 
oppression they must resolve to bear if they stood not now 
to their own defence. Upon this it was that the committees 
for war, which were held in the several shires about the be- 
ginning of February, found small resistance, and no difficulty 
of levying men ; greater numbers being offered than could be 
either armed or maintained. 

183 At Edinburgh the session met with great trouble from the 
covenanters ; for the greater number of the lords of the ses- 
sion being resolved not to own the assembly, all such petitions 
wherein the bishops were not designed as they ought to have 
been, but were called either pretended bishops, or late minis- 
ters of the places where they served before their promotion, 



— 184. and become masters of 'all Scotland. (1639.) 147 

were rejected : and some signatures being offered in exche- 
quer wherein they were so designed, Traquair took them 
and tore them to pieces. Of all this the covenanters com- 
plained, as if justice were denied ; but it was told them, that 
if they went to force the session, it would be high treason, 
and that they would never yield to them. But the four 
covenanting lords of the session having passed petitions 
wherein the bishops were so called, these were stopped at the 
signet. The covenanters made also great complaints to the 
council, of some persons who had written to England of their 
designs to invade it ; of which they protested themselves 
innocent, and craved liberty to pursue their slanderers : but 
that was laid aside, only a letter was written about it to the 
king. Yet all, at least most of the council, what through 
fear, what through inclination, went along with the cove- 
nanters ; and such as stood firm to their duty were forced to 
fly into England. 
184 The covenanters made sure work of all the shires ; only in 
Tweedale, Traquair resisted them a little, and got their 
meetings to be deserted for two or three diets ; but that was 
all he could do. In Teviotdale the earl of Roxburgh kept all 
right, and begun to levy men as well as others ; but he was 
faintly followed. The marquis of Douglass was not able to 
do his majesty that service his illustrious ancestors had done 
the former kings ; for himself was a papist, and so not follow- 
ed by the friends and dependers of that noble family : so that 
all the marquis could do was to go and wait upon his majesty, 
and offer his house of Tentallon to be made use of as the king 
pleased. But the covenanters seized both it and his house of 
Douglass : and thus all on the south of Tay was lost without 
stroke of sword. But in Angus the earls of Airly and Southesk 
made more vigorous resistance to the attempts of the cove- 
nanters, and were able to have made that country good fori 16 
the king, but could not withstand the force came upon them 
from other places. They all armed, and earl Airly stood out 
to the pacification, but Southesk was fitter for a council than 
a camp ; and seeing inevitable ruin to follow, since the king's 
preparations went on so slowly, he struck sail and came to 
Edinburgh. Huntley gave them more trouble : for my lord 
of Montrose and Kinghorn, with some others, coming to hold 

l2 



148 The king issues a declaration of the reasons of the war, II. 184 — 

a committee at Turreff in that county, he gathered so many 
together, and came so near them, that they were forced to 
disperse themselves ; yet he kept up his commission of lieu- 
tenantry, acting only in the quality of a peer and councillor. 
But they resolved, since they could do nothing against him 
with the men of that shire, to bring a body from other places 
to ruin him. The want which pinched the covenanters most 
at first was of good officers ; and this made general Lesley 
(who at that time had acquired much fame in the wars of 
Germany) get an earnest invitation sent him from the earl of 
Rothes, in the name of the covenanters, to come home to 
command their forces ; upon which he did quit his employ- 
ment there, and came to Scotland with many other com- 
manders. He was chosen their general, and undertook the 
service with much joy. And this was the posture and prepa- 
rations of Scotland, which I draw from the letters that are 
yet extant, written to the marquis from the lords of Traquair, 
Huntley, Airly, and Roxburgh. 

l8 5 Meanwhile the king went on making all the haste with his 
levies and preparations that was possible, in which none 
acted his part with more fidelity and better despatch than 
the earl of Northumberland, who was admiral, and discharged 
what was committed to him so well, that nothing was de- 
fective that concerned the fleet. But the marquis found the 
hearts of many of the English nobility both backward and 
cold ; and in particular he assured the king that he saw 
much heartiness was not to be expected from some of the 
general officers ; which the king apprehending, trusted them 
as little as was possible. About the middle of March the 
king published a declaration of the reasons of his expedition 
against Scotland, which was followed by a larger one, com- 
monly called the large declaration or manifesto^ penned by 
Balcanqual, and revised by his majesty : in which a full ac- 
count was given of the rise and progress of the combustions 
of Scotland ; of which no more shall be said, it being so com- 
monly known, save that from the account hath been given it 
will appear how unjustly that book was charged to be full of 
lies and calumnies. 

166 The news of this coming to Scotland set all a-flaming ; 
whereupon they first sent in papers and letters through all 



— 187. which is begun hy the covenanters. (1639.) 149 

England, and to the court, vindicating themselves, with high 
protestations that they designed not the invasion of England, 
as had been misrepresented ; and therefore they expected no 
hostility from them, to whom they neither did nor intended 
hurt. These letters were said not to be ill-received, even by 
some at court, who were in the highest trust. The cove- 
nanters also resolved to take the start of the king; and so 
on the 23rd of March, general Lesley with some companies 
went to the castle of Edinburgh and petarded the gates, 
and set ladders to the walls, and carried it, no resistance 
being made from those within. It is true, much could not 
be made ; but that could not wipe off their stain who yielded 
that impregnable and important place so faintly. The occa- 
sion of their negligence was, that a gentlewoman of good 117 
quality was sent in under pretence of visiting the captain of 
the castle, to keep him in discourse: she dined with him, 
and engaged him to play at cards, so that they were about 
his ears before he was apprehensive of danger. Dumbriton 
run the same fate, it being surrendered by sir William Stew- 
art; whose only excuse was, that at his coming down the 
former year he found the whole garrison covenanters, that 
he durst not turn them off, nor take on new soldiers without 
a powerful assistance ; and so finding them resolved both to 
deliver him and the castle up, he could do nothing alone : 
besides that he was unprovided of every thing that was 
necessary for a siege. The next day after the castle of 
Edinburgh was seized the covenanters w T ent to the session 
to force the lords to take the covenant ; but most of them 
refused it : then they seized on the privy-seal, and thought 
to have got the great seal, which the marquis had committed 
to the keeping of an honest servant, Mr. John Hamilton, by 
their endeavours to prevail with him for it ; but he refused to 
part with it except with his life, and so preserved it. 
187 Their next attempt was upon Dalkeith, whither Traquair 
retired with a small company; and he without stroke of 
sword surrendered it ; for which his courage seemed more 
blameworthy than his honesty. But his greatest fault was, 
that he yielded up the regalia, the crown and sceptre, which 
lay there, and carried them not with him : neither did he 
spoil the arms that lay there, which since he could not carry 



150 The marquis of Huntley is taken prisoner. II. 187 — 

with him, he ought to have done, and not to have left them 
to strengthen the enemy. But from this he hasted to meet 
the king at York. Roxburgh's misfortune followed this ; his 
county being upon the borders was of great importance for 
the king's service, and he kept it in pretty good order, till 
Munro came with some forces out of other shires : but his 
son lord Ker, whom he left with the trust of all, (going him- 
self to wait on the king,) turned over to the covenant. The 
news of this overtook Roxburgh in his journey, in which he 
made the more haste, that he might be the first who should 
give the king an account of that unlucky adventure, whereby 
he might prevent all jealousies against himself. 
» The king set out from London the 27th of March, and 
came to York the first of April. The first blast of this 
storm fell on Huntley, against whom the covenanters sent a 
great force both of horse and foot with some cannon, com- 
manded by the earls of Montrose and Marshal. But marquis 
Huntley finding himself unable to resist them, retired in some 
disorder to Turreff, and they followed him, taking Aberdeen 
in their way ; which had hitherto stood for the king, but was 
now forced to render, the bishop with the doctors escaping 
by sea to Berwick. At Turreff my lord Huntley laid down 
arms, where treating with them, by a surprise he and his son 
the lord Gordon were taken prisoners, and brought over and 
committed to the castle of Edinburgh, where they lay till the 
capitulation at Birks. I am sorry I want materials for saying 
more in the vindication of that noble person ; but I must not 
dismiss one story without taking notice of it, which is, that 
the marquis is blamed, as having given him orders to do as 
he did. And this, with other stories of the like truth, was 
put in to swell the charge given in against him some years 
after this ; yet it is strange that when the viscount of Aboyne, 
who was Huntley's second son, came to wait upon the king 118 
at York, there was no complaint made of that : nor when 
Huntley was enlarged, and waited on the king, does there 
appear the least vestige of his alleging any thing to the 
marquis's prejudice. The ground of the story is this, the 
marquis had written in the king's name, and by his order, 
to the marquis of Huntley, when he sent him the commission 
of lieutenantry, (as hath been said,) to beware as much as was 



— 191. The marquis of Hamilton prepares for sea. (1639.) 151 

possible, that he should not be the first aggressor, till his 
majesty were upon the borders ; for the king knew that 
Huntley could not resist all the covenanters' forces, and to 
make a powerful diversion when the king should be dealing 
with them in the south was all could be expected from him. 
Likewise, the marquis failed not to give weekly advertise- 
ments of the progress of the king's preparations; which 
appears both from Huntley's letters to the marquis, and the 
copies of the returns he gave them, that are yet extant : and 
therefore there remains nothing upon this account to charge 
or suspect the marquis's fidelity. 

189 The marquis was left at London to see that the fleet and 
the other land soldiers, who were to be shipped in some 
colliers' vessels, might be ready to go aboard upon order : 
and his majesty wrote him the following letter before he left 
London : 

190 Hamilton, 

I received yours but this morning, to which before I answer I 
must tell you news : first, that Jacob Ashley has possessed Berwick 
with 1000 foot and 60 horse, and Carlisle is likewise possessed by 
my lord Clifford with 300 men : secondly, I have commanded Tra- 
quair to keep his chamber, until he give me an account how he left 
Dalkeith without striking one stroke, and before any cannon was 
brought before it, having left the ammunition (not destroyed) to their 
reverence, and likewise the regalia : of this more by the next. Now 
for answer : I have given the proclamation to be written over by the 
clerk- register, with the general oath, both which you shall have with 
all speed : for your military oath, I like it extreme well, as likewise 
your opinion for detaining the patents of honours until the country 
be settled : for your brother, certainly if you had forgotten him I 
should not, but have remembered my old engagement : and for 
Dalliel, indeed he deserves well ; yet methinks a viscounty may 
serve at this time, that I may have something more to give upon 
further occasion : and so I rest 

Fork, 2 Apr. Your assured constant friend, 

1639. Charles R. 

19 1 The next day he had that which follows : 119 

Hamilton, 
According to my promise yesterday, I have sent you back the 
proclamation and oath, but with very few additions. As touching 



152 The hopes from Ireland fail. His majesty II. 191 — 

Traquair I can say little more than I did, because I have not yet 
seen his defence ; only if I had not taken this rude notice of his base 
action, I am sure I should have disheartened a number of honester 
men than ever he was or will be. This morning I have news of the 
safe landing of the five hundred Irish, which are by this time in 
Carlisle, there to attend until further directions. I have no more at 
this time to say, but to know, if col. Gun be not one that you have 
entertained, for it is said that he is going back again to Germany. 
One thing I had almost forgot ; they say for certain that Aberdeen 
holds out still, and is not likely to yield in haste ; if it be so, you 
know what to do. And so T rest 

York Your assured constant friend, 

3 Apr. 1639. Charles R. 

192 The day following he got the next letter : 

Hamilton, 

This is to tell you that the news of the rendering of Aberdeen 
came immediately after the despatch of the last post, and that though 
Huntley be retired, yet he is neither beaten nor overrun : but the 
chief cause of my writing at this time is, that since I have shewn 
the proclamation to Orbiston and sir Lewis Stewart, they have both 
been very instant with me to change something in it : which (though 
my judgment goes with them in the most, and therefore I will not 
be wilful ; yet) I think I shall alter, or (but rather) palliate one 
point, to wit, not to set prices upon the declared rebels' heads, until 
they have stood out some little time ; which time is to be expressed 
in this same Declaration. Another thing is, whither- and when to 
send you Devick ; and lastly, whether I shall see you before you 
put to sea, which I should he glad of, if it should not retard the 
service : and so I rest 

Y or k Your assured constant friend, 

5^.1639. Charles R. 

jqo A despatch came at this time from Ireland, shewing that it 1 20 
would be about the end of June before the lord lieutenant 
could come with the army he was preparing for his majesty's 
assistance : adding, that all Antrim's fair undertakings were 
like to vanish in air, and that he was not able to do as he 
had engaged ; for after he had used many arts to find some 
colour of fastening the failing on the lieutenant's part by un- 
reasonable demands, finding him satisfied with them all, he 
was forced to acknowledge that he was not able to do the king 



— 196. advises about an offer of 'indemnity. (1639.) 1^3 

the service he had undertaken that summer ; yet most of the 
Scots in Ireland offered their service very cordially, and will- 
ingly declared their dislike of the covenant. 

194 His majesty's next care was about his proclamation for 
Scotland, wherein he gave an account of the affronts his au- 
thority had received by the covenanters^ and his designs to do 
himself right, according to the power and authority God had 
put in his hand : withal offering indemnity to such as should 
within eight days lay down their arms, some few excepted ; 
declaring such as would not obey, rebels, setting a price upon 
their heads, and ordering their vassals and tenants not to ac- 
knowledge them nor pay them rents. But by his majesty's 
letters it will appear how he was advised to change some par- 
ticulars of the first draught, to which counsels his majesty did 
willingly give ear ; though there were some about him of both 
nations studious enough to dissuade him from any thing that 
looked like a temper ; some carried on by their revenge and 
passionate resentments ; others were acted perhaps with worse 
principles and designs. In end his majesty having resolved 
on a draught of a proclamation, he sent one to the marquis 
with this following letter : 

195 Hamilton, * 

I send you with this my proclamation, as I have now made it upon 
debate with sir Lewis Stewart, wherein I have altered nothing from 
the first but what I wrote you by my last ; only I have added some 
things of favour to those that shall repent, which nevertheless are 
of so little moment, that although this should not come to your hands 
time enough, the other might pass very well. As for the publishing 
of it, I shall do my best to get it proclaimed both in Edinburgh and 
in the rest of the kingdom : nevertheless you must not leave to do 
your best for the publishing of it. So wishing good success as well 
to your person as cause, I rest 

York Your assured constant friend, 

7 Jpr. 1639. Charles R. 

196 And with this letter the king sent the following order written 
with his own hand : 

Hamilton, I2 i 

I send you herewith my pleasure in a proclamation to my subjects 
of Scotland, and by this command you to use all sort of hostility 



154 The marquis is at Yarmouth II. 196— • 

against all those who shall not submit themselves according to the 
tenour of the same ; for which this shall be your warrant. 

7 ^Ti6 39 . Charles R. 

[97 At the same time the marquis received the following letter : 
Hamilton, 
I have spoken with Henry Vane at full of all those things that 
were concerted betwixt you, and agree in all things but one, which 
is, that he thinks your going into the Frith will make the rebels enter 
into England the sooner ; whereas, on the contrary, I think that my 
possessing of Carlisle and Berwick hath made them so mad, that 
they will enter in as soon as they can persuade an army together, 
except they be hindered by some awful diversion : wherefore I could 
wish that you were even now in the Frith, though the borders might 
be quiet till my army be brought together, which they say will hardly 
be yet these ten days. Yet I am not out of hope to be at Newcastle 
within these fourteen days, and so to Berwick as soon as I may with 
either honour or safety ; wherefore my conclusion is, go on a God's 
name in your former intentions, except I send you otherwise word, 
or yourself find some inevitable necessity : and so I rest 

Y^ Your assured constant friend, 

io^r.1638. Charles R. 

P. S. — I have sent you ten blanks, whereof four be signature wise. 

08 Both these found him at Yarmouth- road on the 15th of 
April, whither he was come to take in his soldiers. The officers 
were very affectionate to his majesty's service, but did not 
know what their employment was to be, save that in general 
they were to go to sea. When he told them they must go to 
Holy-Island, and there receive the king's further orders, they 
seemed surprised ; yet were resolved on obedience. Their men 
were good bodies, well clothed and well armed, but so little 
exercised, that of the five thousand there were not two hun- 
dred that could fire a musket. The occasion of this was a 
clause in the council's letter to the lieutenants of the counties 122, 
in which they were levied, that if other good men could be 
had, the trained men should be spared ; and the deputy -lieu- 
tenants upon this ordered it so, that not so much as the 
sergeants and corporals were trained. But whether there -was 
a design in this God knows, for nothing appears to make it 
out beside jealousies. This was a great affliction to the marquis, 
for he knew the king confided much in him ; and yet he saw 



— 201. to put Ms soldiers aboard. (1639.) 155 

there was an impossibility of his doing, anything to purpose 
till the soldiers were some ways exercised ; which he caused 
do upon the ships as frequently as was possible. The fur- 
nishing them with water and other necessaries, together with 
cross winds, kept them some days in the road ; and before 
they got out of it, the marquis received the following letter 
from his majesty : 

199 Hamilton, 

It is true that I was content to hear your advice concerning your 
going into the Frith, it being chiefly to shew Henry Vane that your 
judgment went along as well as your obedience ; though I had a care 
ever to take off from you the envy of seeking this particular employ- 
ment, taking it, as it is just, upon my own absolute command; yet 
I will not say but that you might have cause to wonder, because 
neither of us expressed ourselves so clearly as we might. But my 
chief errand to you at this time is, that upon serious debate upon 
your long letter to Henry Vane, only with him and Arundel, (for I 
dare trust no other,) we found no reason to alter my former com- 
mands, but were more confirmed in the fitness of them ; only we 
have thought requisite to alter some things in the proclamation, which 
you shall receive by the next despatch, at furthest within a day or 
two of this : so that you are not to (indeed I think you cannot) 
publish any until the new one come to you (for I believe it will be 
at the Holy-Island before you) : the alterations of which you will 
only find to be, that I do not say all I think ; but in no ways slack 
my resolution, much less seem to yield to any new thing. So re- 
ferring you to Henry Vane for the relating of our proceedings here, 
I rest 
York 18 Apr. 1630. Your assured constant friend, 

at ten o'clock at night. Charles R. 

200 About the end of the month he set sail, but the winds were 
contrary, and so it was the 29th of the month ere he got to 
Holy-Island; where he met the following letters from his 
majesty : 

201 Hamilton, 123 
According to my promise on Thursday last, I send you herewith 

the proclamation altered as I then wrote ; and that you may not 
think that these alterations are grounded upon new counsels, I 
shall desire you to observe, that I do not so much as seem to add 
the least thing to my former promises. It is true, that I neither 
mention the late pretended general assembly at Glasgow, nor the 



156 Letters from Ms majesty to the marquis. II. 201 — j 

covenant at this time : my reason is, that if for the present I could 
get civil obedience, and my forts restored, I might then talk of the 
other things upon better terms. As for excepting some out of the 
general pardon, almost every one now thinks that it would be a 
means to unite them the faster together ; whereas there is no fear 
but that those who are fit to be excepted will do it themselves by 
not accepting of pardon, of which number I pray God there be not 
too many : so that you are now to go on according to your former 
directions, only proclaiming this instead of my former signed pro- 
clamation ; and so to proceed with fire and sword against all those 
that shall disobey the same. So praying to God to prosper you in 
all things, I rest 

York, 10 Apr. 1639, Your assured constant friend, 

at 4 in the afternoon. Charles R. 

202 Hamilton, 

Before that this come to your hands you will have received two 
of mine of an elder date, to which I can add so little, that if I had 
not received yours of the 18th I would not have written at this 
time. You have done well in laying all the doubts before me, and 
shewing all your defects, (for which I am heartily sorry,) by which 
I see there is not so much to be expected as otherwise there might : 
yet I continue my former resolution, being glad that your own 
inclination leads you thereto ; recommending Tantallon to your 
thoughts, for the which I have agreed with the true owner. Think 
not of the north until I have done some good in the south. I shall 
haste to Berwick as soon as possibly I may ; but I fear it will not 
be before the 1 2th of May, and I hope the 1 5th will be the latest. 
So hoping to have a merry meeting with you in Scotland, I rest 
jr orA Your assured constant friend, 

23 Apr. 1639. Charles R. 

203 With these he got also the following note in answer to his 1 24 
last letter from Yarmouth-road : 

Hamilton, 
Having opened your packet to master treasurer, I could not but 
tell you that I could not but pity your cross winds and commend 
your diligence : and so I rest 

y ork Your assured constant friend, 

25 Apr. 1639. Charles R. 

204 Having received these orders he held on his course, and on 
the first of May he entered the Frith, and found the fittest 
place to cast anchor in was Leith-road. The covenanters 



— 205. The king's 'proclamation is sent to Edinburgh. ( 1 639.) 157 

had committed a great escape, in not building a fort on 
Inchkeith; which might have occasioned much trouble to 
him, besides that it would have kept that place from him, 
which proved of great use to his weary soldiers. As soon as 
he came thither, fires were presently set up on all the hills to 
gather the country for the defence of the coast, which they 
expected he should have set on immediately. But he was 
first to get the proclamation published, wherefore that same 
night he sent one ashore with a letter to the clerk of the 
council, commanding him to come aboard. He wrote also 
to the magistrates of Edinburgh to send him to him. The 
bearer of these letters was used civilly, but kept as a prisoner ; 
and the town- council of Edinburgh excused themselves from 
sending the clerk of the council to him. The clerk also wrote 
to him, that he was kept by force from coming to wait upon 
him. Next day he landed his regiments on Inchkeith and 
Inchcolm (two little islands in the Frith), one of them upon 
the former, and two on the latter, both for giving them air, 
and exercising them. He caused also search and cleanse the 
wells of these places, which gave great relief: but at this 
time the small-pox got among his men, whereupon he put all 
the infected in ships by themselves : some few died. Yet for 
all the stories were made of his men's dying below decks, 
very few died during his whole stay at sea ; and he divided 
his care so equally among them, and was so obliging to them 
all, that they not only were far from mutinying, but all of 
them became most cordial to him : and the colonels did 
highly magnify both his conduct and his obliging civilities to 
them in their letters to sir Henry Vane. 
205 Three days after his former message he sent one ashore 
with his majesty's proclamation, (enclosed in a letter to the 
magistrates of Edinburgh,) commanding them to publish it 
next day in due form, under all pains ; and sent another 
proclamation to the clerk of the council, commanding him 
to see it published ; or if that were not done, to cause affix 
it at the cross. And next day, at the hour wherein it ought 
to have been published, he caused loose some piece of ord- 
nance : but the magistrates of Edinburgh desired a delay of 
three days ; to which he yielded, because he was willing it 
might fall out so, that as soon as the eight days prefixed in 1 25 



158 Letter to the marquis from II. 205 — 

the proclamation were expired, his majesty might be on the 
borders, that so they might be ready to enter into hostilities 
immediately. Upon which he wrote to his majesty what he 
had learned of the strength and resolutions of the covenanters, 
suggesting how necessary he believed it was to listen to a 
treaty, if the covenanters desired it. 
2 °6 On the 9th of May he received the following letter, signed 
by about forty of the chief lords and gentlemen of the cove- 
nant, the original whereof is yet extant : 

207 Please your Grace, 

As we were here met to attend the parliament indicted by his 
majesty, there was shewed to us by the provost of Edinburgh a 
letter from your grace to himself and the bailiffs and council of this 
city, with the copy of theirs returned to your grace, deferring the 
more full answer till our meeting. And withal there was presented 
from your grace his majesty's proclamation, which having perused, 
we find it doth contain divers points not only contrary to our na- 
tional oath to God, but also to the laws and liberties of the king- 
dom : for it carries a denunciation of the high crime of treason 
against all such as do not accept the offer therein contained ; albeit 
it be only a writing put in print without the kingdom, and not 
warranted by act and authority of the council, lawfully convened 
within this kingdom. And your grace in your wisdom may consider 
whether it can stand with the laws, liberties, and customs of this 
kingdom, that a proclamation of so great and dangerous conse- 
quence, wanting the necessary solemnities, should be published at 
the mercat-cross of this city. Whereas your grace knows well, that 
by the laws of this kingdom, treason and forfeiture of the lands, life, 
and estate of the meanest subject within the same cannot be de- 
clared but either in parliament or in a supreme justice-court after 
citation and lawful probation, how much less of the whole peers and 
body of the kingdom, without either court, proof, or trial. And 
albeit we do heartily and humbly acknowledge and profess all duti- 
ful and civil obedience to his majesty as our dread and gracious 
sovereign : yet since this proclamation does import in effect the 
renouncing of our covenant made with God, and of the necessary 
means of our lawful defence, we cannot give obedience thereto, 
without bringing a curse upon this kirk and kingdom, and ruin 
upon ourselves and our posterity ; whereby we are persuaded, that 
it did never proceed from his majesty, but that it is a deep plot 
contrived by the policy of the devilish malice of the known and 



■207. the chief supporters of the covenant. (1639.) 1^9 

cursed enemies of this church and state ; by which they have in- 
tended so to disjoin us from his majesty and among ourselves, as 
the rupture, rent, and confusion of both might be irreparable, 
wherein we hope the Lord (in whom we trust) shall disappoint 
them. And seeing we have left no means possible unessayed since 
his majesty's coming to York, (as before,) whereby his majesty's ear 
might be made patent to our just informations, but have used the 
help (to our last remonstrance) of the lord Gray, the justice- clerk, 
the treasurer, and the lord Daliell, as the bearer can inform your 
grace, and yet have never had the happiness to attain any hopes of 
our end, but have altogether been frustrate and disappointed there- 
of ; and now understanding, by the sight of your grace's letter, that 
your grace, as his majesty's high commissioner, is returned with full 
power and authority to accommodate affairs in a peaceable way, we 
will not cease to have recourse to your grace, as one who hath chief 
interest in this kirk and kingdom, desiring your grace to consider, 
(as in our judgments we are persuaded,) that there is no way so 126 
ready and assured to settle and compose all affairs as by holding 
of the parliament according to his majesty's indiction, either by his 
sacred majesty in person, which is our chiefest desire, or by your 
grace, as his majesty's commissioner, at the time appointed, wherein 
your grace shall find our carriage most humble, loyal, and dutiful to 
our sovereign or to your grace, as representing his majesty's per- 
son : and in the mean time that your grace would open a safe way, 
whereby our supplications and informations may have access to his 
majesty's ears. And we are fully persuaded that we shall be able 
to clear the lawfulness and integrity of our intentions and proceed- 
ings to his majesty, and make it evident to his majesty and to the 
world that our enemies are traitors to the king, to the church and 
state, and that we are and ever have been his majesty's loyal and 
obedient subjects. So we rest 

Your grace's humble servants, 





A. Lesley Dalhousie 


Forrester 




Argyle Lothian 


Erskins 




Mar re Angus 


Boyd 




Rothes Elcho 


Napier 




Eglinton Lindesay 


Burghly 




Cassils Balmerino 


Kirkudbright 




Wigtown Montgomery 






And about 10 commissioners 


; for shires and 


Edinburgh. 






9 May, 1639. 


boroughs. 





160 The marquis's answer to the covenanters* letter. II. 208 — 

208 To this letter the marquis wrote the following answer next 
day, directing it to the earl of Rothes : 

My Lord, 

I received a letter yesterday morning signed by your lordship, and 
divers noblemen and others, wherein you allege you are come to 
attend the parliament ; but considering vour preparation and equi- 
page, it appears rather to fight a battle, than to hold a civil convo- 
cation for the good of the church and commonwealth. You may 
perceive by his majesty's gracious proclamation that he intended in 
his own sacred person to be present at the parliament, so soon as 
with honour and safety he might do it, and for that end expressed 
therein what was fit to be done. But these courses which you take, 
and your disobedience to his just commands, daily more and more 
shewed, will necessitate him to have them put in execution another 
way. 

It is true, that his majesty sent me hither to accommodate these 
affairs in a peaceable manner, if it were possible ; which I have 
laboured to do ; and accordingly my deportment hath been ; which 
hath been met with that retribution, as if I had met with the 
greatest enemy : but your refusing to publish his majesty's grace 
to his people, signified in his proclamation, hath taken away that 
power which otherwise I had ; that being a liberty taken to your- 
selves which never any loyal subjects assumed in any monarchy 
You allege many reasons for yourselves of the illegality of that 
proclamation ; but you cannot be ignorant that your carriage hath 
forced many of these principal councillors for safeguard of their lives 
to forsake the kingdom, out of which they remain yet for the same 
cause. You have suppressed the printing of all writings but what 127 
is warranted by Mr. Alexander Henderson and one Mr. Archibald 
Johnstown : neither was the clerk of the council, whom I sent for 
twice to give him directions concerning this business, permitted to 
come aboard to me, upon conference with whom (for any thing you 
know) I might have resolved to come ashore myself, and convened 
a council for the publication thereof in the ordinary way. But your 
extraordinary proceedings in all things must needs force from his 
majesty some things which perhaps you may think not ordinary. 
Whereas you desire me to be a means that your supplications may 
have free access to his majesty's ears, it is a work of no difficulty ; 
for his majesty hath never stopped his ears to the supplications of any 
of his subjects, when they have been presented to him in that humble 
and fitting way which became dutiful subjects : nor did I ever refuse 



— 2io. Some come aboard and treat with him. (1639.) -^l 

any all the time I was among you, or conceal any part of them from 
his majesty. So that your allegation of not being heard is grounded 
upon the same false foundations that your other actions are, and 
serves only for a means to delude the simple people, that by making 
them believe what you have a mind to possess them with, they may 
become backers of your unwarranted actions ; which as it is gene- 
rally lamented by all his majesty's good subjects, so it is more 
particularly by me, who have had the honour to be employed in this 
business with so bad success. 

My Lord, 

Your humble servant, 

Hamilton. 

209 After this, on the 1 ith of May, a letter came from the coun- 
cil and session, desiring liberty to send some of their number 
to wait on him, which being granted, Southesk and Inner- 
pesser came to him with a very bare message, asking what he 
had to propose : he said it was contained in the proclamation, 
to which he could neither add nor change. They represented 
to him the rage in which all people were, and how hard a 
work it would prove either to reclaim them by reason or 
conquer them by force, unless way were given for some time 
to their follies. 

210 On the 13th day he received a letter from his majesty, 
which follows : 

Hamilton, 

The length of Henry Vane's despatch will shorten this, not being 
willing to trouble myself with writing, nor you with reading, of re- 
petitions. This I must observe to you, that whatsoever either he or 
I writes at this time is no absolute command, but merely advices to 
help your knowledge, that you may the easier judge what is best for 
my service. Upon this ground I send you here a discourse of Mr. 
Thomas Hamilton's, wherein many things to my seeming are very 
well said, but how far practicable, or when, I leave you to judge ; 
as likewise upon the whole matter I give you my opinion, that if 
you find it not fit to land all your five thousand men upon Lothian- 128 
side, then it may be counsellable to send most of your landmen to 
the north, to strengthen my party there. As for your landing in the 
south, I shall only name two places besides Tentallon, to wit, Sterling 
(if that be not too far off to be relieved) and Dumbar : as for Ten- 
tallon, I shall command the marquis of Douglas to send one to agree 

Hamilton. m 



162 A paper of the ferries in Scotland. II. 210 — 

that business with you. So longing to hear from you, and wishing 
you good luck, I rest 

Newcastle Your assured constant friend, 

Map8, 1639. Charles R. 

211 To this shall be added the paper mentioned in the king's 
letter. 

The river of Nesse is large and deep, falleth out of a lake named 
Nesse, twenty-four miles long, and five or six in breadth, into a great 
bay of the sea. On this river standeth the town of Inverness, which 
hath a strong castle, in the keeping of the marquis of Huntley, as 
yet not taken : if in this town and castle were put a competent 
garrison, with a ship and pinnace in the bay, you might break the 
ferry-boats, and stop all passages from northward of that river. 

The river of Tay falleth out of a lake ten miles long, and one and 
an half broad, from whence the river hath the name, which is the 
main and only passage between the north and the south parts of the 
kingdom. This river falleth into the east sea below Dundee, the 
biggest town almost in Scotland. At the entry to the sea it is two 
miles broad, and continueth the same breadth upward till within 
three or four miles of Saint Johnstown, between which town and 
Dundee there are sixteen miles and above, at no part whereof there 
is any passage but by ferry-boats. If a few ships would ride at the 
mouth of this river below Dundee, and send up some small pinnaces, 
they might break all the ferry-boats, and stop all the passages that 
could be made over at any part between the north of the river and 
the said town of Saint Johnstown, above which to the said lake the 
river is not ridable, but at some few fords ; the passages whereof 
might be kept by the noblemen who stand well affected to his ma- 
jesty's service, and whose estates do lie thereabouts in Strathern : 
such as the earls of Airly, Perth, Tullibardin, and Kinnowl, who if 
they were sent home with a competent number of soldiers to attend 
them, all those of their name, their friends and tenants, gathered 
unto them, might stop all land passages whatsoever from north to 
south. 

And in case the people of Fife, who dare not now cross Forth 
river in regard of your majesty's ships, should march with supply 
by Sterling-bridge to Lothian, these noblemen with their forces might 
be in some narrow passage in their way ; and if they could not force 
them to retire, yet they might fall upon their country in their ab- 
sence, so that they could not both be able to defend their sea- 
coasts and secure them from danger on their backs : neither durst 



■212. The earl of Rothes" letter to the marquis. (1639.) 163 

they all turn back on Strathern, for fear that those of the fleet should 
land on their shores in their absence. 

The shire of Perth would be a rendezvous and safe retreat to all 129 
those of Fife, Angus, Strathern, and highlands, who upon this pro- 
clamation shall abandon the covenanters' party, and stand for his 
majesty's service. 

These four noblemen, with the number your majesty will send 
with them, might be sent almost to their dwellings by sea on the 
said river. 

If the town of Sterling were seized, these river-passages made sure, 
and the town of Aberdeen secured, in regard of your majesty's 
forces in the north, no harm could be expected from benorth Leith. 

[2 The 13th of May the marquis received the following letter, 
signed, but not written, by the earl of Rothes : 

Please your Grace, 
I should have been far better contented to have seen you here 
at the parliament with his majesty, or holding that indicted as his 
majesty's commissioner, than with a navy and army to constrain 
us beyond these just limits of religion and lawful obedience, which 
we were always willing to perform. It was far by my expectation, 
and your grace's oath and promise, that you should ever come in 
any chief command against your native country. Whereas your 
grace doth challenge our coming in such numbers to attend this 
parliament, I hope you conceive that this navy and army upon the 
borders, and the invasion threatened in the west, do sufficiently 
warrant our preparations to defend these places, and divert such 
dangers. That proclamation that is said to carry so much grace and 
goodness is as destitute of that as your invasion is of a good war- 
rant ; which persuades me, that neither of the two proceeds from 
his majesty's own gracious disposition. I cannot stand here to 
answer all these misconceived particulars contained in your grace's 
letter ; but if I had the honour to see your grace, before any more 
mischief be done, I dare engage my honour and my life to clear all 
these imputations laid on our proceedings : and I can demonstrate 
how hardly we have been used without any just reason. I dare not 
be answerable to God Almighty, and to that duty I owe my prince 
and country, if I do not shew your grace, that your going a little 
further in this violent and unjust way will put all from the hopes 
of recovery, for which both a great deal of blame from men and 
judgment from above shall attend you, as the special instrument, 
which I wish you labour to evite. If our destruction be intended, 

m 2 



164 The marquis's reply to the earl of Rothes. II. 2 1 2 — 

we are confident in that Majesty who owns this cause, and is able to 
defend it : and if only terrors to fright and prepare us to accept of 
any conditions will be offered, that intention is already as far disap- 
pointed as any of these many former. But as we are ready to 
defend, so ever to insist in supplicating, and using all humble and 
lawful means, as becomes us. Mr. Borthwick will deliver to your 
grace our supplication to his majesty, and both his and my mind, 
till I shall have the occasion to disburden myself, surcharged with 
grief at your proceedings ; being most desirous (as I have been 
formerly) to have all these occasions removed that may divert me 
from being still 

Your grace's humble servant, 

Rothes. 

213 On the 17th of May the marquis returned the following 
answer to the former letter : 

My Lord, j o Q 

I have received your lordship's letter signed by you, but I cannot 
conceive it of your lordship's indicting ; for I believe you would not 
have sent such an one to me, if you had not had some malignant 
spirits busied in the framing of it ; for you cannot but remember 
that my words were never other, than that I would die at my mas- 
ter's feet, and that I would prove an enemy to the uttermost of my 
power to this kingdom, if my countrymen continued in their ob- 
stinacy : and here I set it under my hand, that I will (by God's 
grace) make it good. It is true, knowing my own inability, I neither 
desired, nor indeed willingly did accept, the conduct of an army 
against this nation ; but my backwardness proceeded not out of a 
desire not to be employed against such in this country as were dis- 
obedient, but that his majesty might have found many more able 
to have served him : but since he hath been pleased to trust me, I 
will not deceive him. 

You pass by many particulars in your answer to my letter un- 
touched, saying, you cannot stand here to answer them. It is most 
true, they are not to be answered, and so I take it. As for your own 
justification, it is the same which you have ever used, and so con- 
tinue : but the best is, none that ever were truly informed of your 
proceedings doth or can give any approbation of them. 

You say, if I go any further in a violent course it will be past all 
hope of remedy. If I do, none can blame my master, for that can 
never be called violence which is only to suppress rebellion : and if I 
proceed to execute his commands therein, you are the causers of it. 



—215. The marquis proposes a treaty to the king . (1639.) 165 

As Mr. Borthwick told me, I expected to have heard further from 
you before now : but nothing coming, I would forbear no longer to 
give you this answer under my hand, that both you and all the 
world may take notice what my inclinations are, which notwithstand- 
ing I do infinitely desire they may be stopped by your speedy and 
real submission to his majesty's just commands. And this is the 
prayer of him who wisheth it may be still lawful for him to call 
himself 

From aboard the Rainbow, Your lordship's humble servant, 

27 May, 1639. Hamilton. 

214 Upon this the marquis was hopeless of getting the procla- 
mation published : wherefore he sent a great many copies of 
it to all places, as he had occasion, to be dispersed over the 
country. At the same time the king sent sir James Car- 
michael, the treasurer-deputy, to Edinburgh, to get it pub- 
lished ; and he meeting the lion-herald required him to go do 
his duty; but he was timorous, and being threatened with 
his life, as he was going to the cross, run away without put- 
ting on his coat. 

215 On the 14th of May the marquis despatched sir James 
Hamilton to the king, with an account of all he had learned, 
desiring positive orders how to proceed : whether, eight days 
being now passed since he had offered the proclamation, he 
might not proceed to hostilities ; or if he should continue 
talking in the language of a treaty : and sent the following 
paper to sir Henry Vane, of the heads on which he thought 
a treaty might be set on foot. 

I. If they can be brought to lay down their arms, and every man 1 3 1 
to repair in quiet manner unto their own dwellings, except such who 

are to attend the parliament. 

II. If they can be brought to deliver up your majesty's castles, 
and other private men's houses they have taken, with the arms and 
ammunition they have taken. 

III. If they can be brought to express their sorrow that they have 
offended your majesty, and humbly crave your majesty's pardon for 
the same. 

IV. If they can be brought to supplicate, that what they have to 
say against bishops may be heard in the next parliament ; and as 
their desire shall seem just or unjust, there to receive a ratification or 
denial. 

V. The like for the last pretended general assembly. 



166 The king wishes the marquis to forward the treaty. II. 215 — 

VI. If they in all civil things will acknowledge your majesty's 
authority, and swear obedience to the same. 

VII. If they will desist from their going on in their fortifications, 
and they only to remain in the estate they are in till the end of the 
parliament. Though there is little hope of doing good by treaty, or 
that they will condescend to this ; yet I thought it my duty to give 
advertisement of this, and humbly to crave answer and orders in 
writing, how far I shall give way, and how I shall carry myself. 

Hamilton. 
I shall desire that none may see this but his majesty, or at least 
that it be not known that it came from me. 

216 In answer to this his majesty wrote him the following letter : 

Hamilton, 
I have kept this honest bearer the longer, that I may with the 
more assurance give you my directions what to do, consisting of two 
points, fighting and treating : for the first, we are still of the same 
opinion, that it is not fit that you should give on until I be on the 
borders, which will be (by the grace of God) by this day eight days, 
except you find that before that time they march down to meet me 
with a great strength. In that case you are to fall on them imme- 
diately, and in my opinion as far up in the Frith as you think pro- 
bably may do good, thereby to make a diversion. In the mean time 
I like well that you go on upon that ground of treaty you sent a 
note of to master treasurer, (which you will find I have underwritten,) 
nobody else being acquainted with it. Thus having given you my 
directions both concerning fighting and treating, I leave the rest to 
the faithful relation of the honest bearer, and rest 

Newcastle Your assured constant friend, 

1 7 May, 1639. Charles R. 

217 And with this letter his majesty sent back the note of the 132 
grounds of treaty, which was sent to sir Henry Vane, with 
the following words written at the end of it with his own 
hand. 

I like well that you go on upon those grounds of treaty until I 

come to the borders : which will be (by the grace of God) by the 

15th of this month. 

Newcastle, C.-R. 

ib May, 1639. 

218 After this the marquis was assaulted with thundering letters 
from all hands, both from ministers and noblemen. Many of 



— 31 8. All trade is stopped. (1639.) 167 

these letters, with the copies of his answers, are yet extant, 
and run in a strain very far from any thing of friendship or 
correspondence ; indeed they look liker challenges than letters 
of civility. The covenanters desired a safe conduct for such 
as they should send to him to treat with him : but he answered, 
he was the king's commissioner, and so would give no conduct 
for any of his subjects coming to wait upon him. And after 
a day's advisement, they sent the lord Lindsay (the marquis's 
brother-in-law) aboard with a petition of the former strain, 
who told the marquis that they would lay down their lives 
sooner than pass from what they had done ; that their army 
consisted of twenty-five thousand men : they knew the king's 
cavalry was better than theirs, but their infantry exceeded his 
far. After some discourse had passed, (all before witnesses,) 
the marquis dismissed him. In the mean while all trade was 
stopped, and every vessel that belonged to Scotland was seized : 
only such as took an oath for adhering to the king against the 
present rebellion in Scotland were let go, according to his 
majesty's orders. One vessel was taken which was of more 
importance, having in her about twenty officers, who were 
coming home from Germany upon Lesley's invitation. All 
these the marquis sent to Berwick. He sent also a free advice 
to the king, informing him of all he knew of their strength : 
and that besides the army which was marching to the borders, 
there were about twenty thousand men lying on both sides of 
the Frith, so that his being there made a powerful diversion. 
He besought his majesty not to hazard on a battle, the success 
whereof was always dubious, but more than commonly so in 
this case, where the one side was desperate and the other 
but half cordial. He told his majesty how much he feared his 
foot might be too weak, wherefore he desired his majesty to 
consider if he would call for two of his regiments ; since all 
the three were not sufficient for him to land with them, and 
march into the country, and one was enough to burn the coast, 
which was all he could do : and for that he was resolved not 
to fail in it as soon as he had orders ; adding, that in a fort- 
night he would do all that could be done that way : after which 
he thought it would be fittest that he went northward, and 
landed his regiments there, (which must be supplied another 
way, if his majesty called for any of them,) where some good 



168 A conference between some II. 218 — 

might be done. But as for treating, he desired his majesty 
would employ others in it, if that were to be done ; for he 
confessed his spirit was so irritated against them, that he 
desired neither to see nor meddle with them : only he told 133 
his majesty, that the covenanters had addressed both their 
letters and petitions to some English lords, which he thought 
they should have brought to his majesty unopened, and given 
no other answers bat such as his majesty ordered. 

21 9 On the 26th of May he received the following letter from 
his majesty : 

Hamilton, 
R amours come here so thick of the great forces that the rebels 
mean very shortly to bring down upon me, that I thought it neces- 
sary to advertise you, that you may be ready at the first advertise- 
ment to land at the Holy-Island, wind and weather serving ; yet not 
to come from where you are until I send you word, except you shall 
find it necessary by your own intelligence : and so I rest 

22 May 16^'q Your assured constant friend, 

Charles R. 

P. S. — I leave it to your consideration, if it be not fit to leave 
some three hundred men in Inchcolm, though it should be fit that 
you should come away with the rest of the landmen. 

220 And the day following sir Henry Vane wrote to him to send 
two of his regiments to Holy-Island, to which letter the king 
added with his own pen, 

I have seen and approved this ; C. R. 

221 Upon this order the two regiments, commanded by Morton 
and Harecoat, were accordingly despatched away immediately, 
and did land at Berwick on the 29th of May. About this 
time the covenanters sent a new message to the marquis, the 
account whereof shall be given from a paper written by sir 
Henry Devick, who was particularly trusted by his majesty 
at this time, and was a witness to the conference. The paper 
follows : 

222 The whole discourse (so far as I can remember of it) may be re- 
duced to these heads : 

Their invitation of your excellence to go in person to his majesty 
to present their desires, and to mediate for an accommodation. 
To this your excellence answered : 



— 222. covenanters and the marquis. (1639.) 169 

First, that having full power from his majesty to treat and con- 
clude of all things concerning that business, you held it unnecessary 
to go to him. 

Secondly, your excellence thought it unfit, you having so great 134 
a charge here, which required your presence, and they having pro- 
pounded nothing that could give sufficient occasion to such a voyage 
to undertake it. 

Thirdly, that if the distance from his majesty were thought by 
them to be a hinderance to the treaty, they might address themselves 
to his majesty by such of the nobility as were about him, who was 
not distant above threescore and twelve miles from the leaguer. 

They replied, that things would be more facilitated by your excel- 
lence's being there, wishing, that as you had a part in the beginning 
of these affairs you might have the honour to put an end to them. 

Your excellence returned, that the lords Traquair and Roxburgh, 
who were now with his majesty, were employed in them before you ; 
which they acknowledged, but wished it had never been, confessing 
that they were spoiled before you had the managing of them. 

Concerning a cessation of acts of hostility, both by sea and upon 
the frontiers, where they complained of divers insolencies committed 
by the horse troops of his majesty ; your excellence answered, that 
in what concerned the first, you had committed none since your 
coming hither : true it was, you had stayed and taken many barques 
and boats, but some of them you had dismissed without touching 
any thing that they had in them; and these from whom you did take to 
supply your uses, you had paid them for it : that this day you had 
sent to Burnt-Island, and would do so to other places, to offer them 
full permission of trade, provided they would swear not to carry arms 
aginst his majesty, and take the oath of fidelity : and for the fisher- 
men you required no oath. 

As for the other, namely, some pretended insolencies upon the 
frontiers, you knew of none, and believed not any ; and if there was 
any, it was their fault, by their deferring to return to their obedience 
to his majesty : and when they made instance in some particulars, 
your excellence did cut them short, and said, that it was an unfit 
thing, and nothing conducible to make an end of business, for them 
to stand upon those punctilios with their sovereign ; and for your 
particular, you would never be an instrument of any dishonourable 
act to his majesty, such as would be the engaging him not to correct 
the misdemeanours of his subjects : that you had made a like an- 
swer when you was demanded for passports to those that should 
come to you ; which you had rejected, as judging it dishonourable 



170 Conference between the covenanters and the marquis. II. 222 — 

for his majesty to grant, or any of his subjects to ask or capitulate 
with his majesty for. 

They pressed to know what his majesty required of them, and 
what would be the extent of his condescending to their desires in 
point of conscience, namely, touching bishops, and the acts of the 
last general assembly ; wherein they said if they might have satis- 
faction, they would cast at his majesty's feet their bodies and for- 
tunes, to be disposed of at his pleasure. 

In answer to this your excellence caused me read his majesty's 
proclamation, wherein desiring tobe cleared of his majesty's intentions, 
in the particular of the civil obedience, your excellence said it was 
the retiring with their troops, laying down their arms, and the no- 
bility's waiting on him with their swords only upon the frontier, the 
restoring of his majesty's castles unto such as his majesty should 
appoint, and the demolishing of their own fortifications unlawfully 
erected, and the like. 

As for the enjoying of liberty of religion, wherein likewise they 
did presss to know how far his majesty would condescend to their 
humble supplications, as likewise in the point of the acts of the last 
pretended general assembly, your excellence answered, It would be so 135 
far as the laws of the kingdom did permit. 

They asked who should judge of these laws, and of their inten- 
tion, and if it might be decided by a general assembly : your 
excellence answered, Yes, and that either his majesty would call 
one, or yourself, as his majesty's high commissioner. 

They desired to know if his majesty would stand to the award of 
such an assembly, especially in what concerned the acts of the later. 

Your excellence answered, his majesty was not bound to it, as 
having his negative voice ; which they not acknowledging, your 
excellence added, that notwithstanding you were confident that 
whatsoever should be agreed on by such an assembly, called by his 
majesty's command, and where the members should be legally 
chosen, his majesty would not only consent unto them, but have 
them ratified in parliament. 

They desired your excellence would limit them a time wherein to 
return, and treat further with you, with full power to conclude all 
things wherein they desired not to be pressed with scantness of 
time, in regard of the nobility's being dispersed in several places of 
the country. 

Your excellence answered, It should be when themselves would, 
were it to-morrow or a month hence ; for you assured them, they 
would find you so long in these quarters. 



— 226. Divers Scottish lords wait upon the marquis. (1639.) 171 

Lastly, they desired to know what they might report of what 
your excellence had assured them of his majesty's intentions con- 
cerning religion and the general assembly. 

Your excellence answered, that as they brought no commission to 
treat of all these particulars, but kept themselves within the limits 
of the contents in their letters, you would do accordingly in your 
answer, and that in writing they should receive something to- 
morrow. 

223 This was that conference which some were pleased to mis- 
represent under the odious characters of treacherous and 
secret dealing with the covenanters. 

224 At this time there were divers Scottish lords and officers 
waiting on the king, but being of no use, and burdensome to 
his majesty, he sent them to the marquis, with whom he 
wrote the following letter : 

Hamilton, 
I cannot let these lords go without a letter, it being more to 
please them than to inform you ; there having nothing happened 
since my last of the 17 th that makes me either alter or take new 
counsels : so that this is only to recommend them to your care, in 
so far as may comply with my service ; which shews you both my 
good opinion of them, as likewise that I am 

NewcastUy Your assured constant friend, 

21 May, 1639. Charles R. 

225 But the marquis was very ill satisfied with their coming to 136 
him, since they were able to do nothing but help away with 

his victuals, which were beginning to run low, and therefore 
were to be well husbanded; wherefore he persuaded them 
that it was fit for them to go to the places of their interest, 
and do what in them lay for getting some to appear for the 
king: and so he got himself rid of them the best way he 
could. 

226 Two days after that, the marquis got the following letter : 

Hamilton, 

The trust I have both in the honesty and sufficiency of this 
bearer shall ease me much at this time ; therefore I shall only 
mention what he shall speak of more fully to you. The lord 
Aboyne's proposition I have in my last recommended to you, though 
at that time I thought not that himself would have been the mes- 
senger of it : other lords I have sent to you, to see if they can do 



172 The king writes to the marquis hy lord Aboyne. II. 226 — 

me better service there than here, for here I am sure they can do 
none. I shall conclude with that with which I have neither acquainted 
this bearer nor anybody else, to wit, your proposition of packing 
up this business. It is true, that according to my proclamation I 
would rest quiet for this time, upon their yielding me civil obedi- 
ence ; but that must be understood by demanding pardon for their 
by-past disobedience, and rendering up what they unjustly possess of 
mine and others. Less than this I will not be contented with, no, 
not for the present. For all this, I do not take myself to be in 
such a case as to conquer them, yet I doubt not but (by the grace 
of God) to force them to obedience (in time), what by stopping of 
their trade, and other courses : therefore go on, for this is the 
resolution of 

Your assured constant friend, 

Charles R. 

227 But on the 29th of May the lord Aboyne came to him with 
the following letter from the king : 

Hamilton, 
Having been some days since I wrote to you, I could not let my 
lord Aboyne go without these lines, though it be rather to confirm 
than to add to my two former : only I shall desire you to take heed 
how you engage me in money-expense. As for what assistance 
you can spare him out of the forces that are with you, I leave you 
to judge, and I shall be glad of it, if you find it may do good. The 137 
truth is, that I find my state of monies to be such, that I shall be 
able (by the grace of God) to maintain all the men I have afoot for 
this summer ; but for doing any more, I dare not promise : therefore, 
if with the countenance and assistance of what force you have you 
may uphold my party in the north, and the rest of those noblemen I 
have sent to you, I shall esteem it a very great service ; but I shall 
not advise you to engage me in further charge, except it may be 
the pay of some few officers. So not doubting but that you will 
make as much of little as you may, and recommending this lord to 
your care, I rest 

Newcastle, . Your assured constant friend, 

13 Map, .639- Charles R. 

228 The marquis found Aboyne had no propositions to make 
besides general stories, and he saw him to be of an unstayed 
humour, so that he was hopeless of any good account of his 
business. As for money, he was limited by the king ; and 
for men, he had sent away the two regiments that same day ; 



i — 231. Some on the borders are gained for the king. (1639.) 173 

and since he expected orders every hour from his majesty for 
somewhat to be executed by the third regiment, he could not 
weaken it too much : yet he sent a few officers, the chief of 
whom was colonel Gun, together with some ammunition, and 
four small pieces of artillery. And of all this he gave an 
account to his majesty, adding, that perhaps some might 
misrepresent his lying so long idle; but his majesty knew 
what orders himself had given, it being his part to obey : yet 
he earnestly craved liberty to do somewhat worth the while. 
To which he received the following answer : 

22 9 Hamilton, 

Having much business, I refer you to master treasurer ; yet this 
I think necessary to pass under my own hand, (because of a clause 
in yours of the 26th of this month,) that I am so far from having 
the least hint in my heart against you, that I would think myself a 
happy man, if I could be as confident in the faith, courage, and 
industry of the rest of my commanders and officers as I am of you ; 
which makes me really to be 

Berwick.May 2 9 th, Your assured constant friend, 

1639- Charles R. 

230 By this time the king had encamped at the Birks, three 
miles from Berwick, where his majesty lay in the camp 
himself. 

231 All this while Traquair was not allowed to see the king, 138 
till he had done some service which might expiate his former 
errors. And my lord Roxburgh was in the same case; for 

he coming to wait on the king at York, to clear himself of his 
son's fault in turning in to the covenant, his majesty was so gra- 
cious as to tell him he believed him innocent, yet for example's 
sake he found it necessary to keep him under some mark of 
his displeasure. So after a few days' confinement, both Tra- 
quair and he were suffered to go near the borders, to see 
whom they could engage to the king's service ; and they 
gained the earl of Hume to be satisfied with his majesty's 
proclamation, and had got good assurances both of the lord 
Johnstown, the earl of Queensberry, and of Buckcleugh's 
friends. The proclamation was published, first at Heymouth; 
next, by general Arundel and Ruth wen at Dunce : upon 
which Lesley brought forward his forces, and lay at Dunce- 
law, in view of the king's army. On the fourth of June, at 



174 The marquis is ordered to commence hostilities : II. 231 — 

noon, the marquis received the following letter from his 
majesty: 

232 Hamilton, 

This day I received yours by the lord Seaton, and find your 
opinion therein very good, if I might spare so many men : but 
every one (that I dare consult with about this) protesteth against 
the diminishing of one man from my army : besides, I have no mind 
to stay here upon a mere defensive, which I must do, if I send you 
that strength you mention. Likewise I think that I have my lord 
Hume sure, and am reasonably confident of my lord Johnstown ; 
I have good hopes too of Queensberry and the Scots ; therefore, 
all these things considered, it were a shame if I should be idle. 
Wherefore now I set you loose to do what mischief you can do 
upon the rebels for my service with those men you have, for you 
cannot have one man from hence. Leaving the rest to the relation 
of this honest bearer, I rest 

Camp near Berwick, Your assured constant friend, 

2 June 1639. Charles R. 

233 The marquis no sooner got this but he presently set to 
work, resolving neither to spare Burroughstownness which 
was his own town, nor Prestonpans which was his cousin's. 
But a strange accident befell him the next day ; for as he 
went out in a small vessel with a drake on her, and 60 sol- 
diers, to view the Queensferry, and burn the ships that lay in 
the harbour, he saw a merchant-barque coming down towards 
him, and he caused row up to her : but she perceiving her 
danger, run herself aground upon the sands of Barnbougle. 
The tide falling apace, and he following her indeliberately, 
run himself likewise on ground ; where he was like to have 
been very quickly taken by the men on the shore, who were 
playing upon him, and some volleys passed upon both hands. 
But they on the land were waiting till the waters should fall, 139 
reckoning him their prey already ; which had been inevitable, 
had not the seamen got out, and, being almost to the middle 

in water, with great tugging set them afloat ; and so he 
returned safe to the fleet. And this was all the ground for 
that calumny of his making appointments on the sands of 
Barnbougle with the covenanters. 

234 The next day, at eight in the morning, being the 6th of 
June, he received the following letter from sir Henry Vane : 



—237- h# receives new orders from Ms majesty . ( 1 63 9 . ) 175 

235 My Lord, 

By the despatch sir James Hamilton brought your lordship from 
his majesty's sacred pen, you were left at your liberty to commit 
any act of hostility upon the rebels, when your lordship should find 
it most opportune : since which my lord Holland with one thou- 
sand horse and three thousand foot marched towards Kelso, himself 
advanced towards them with the horse (leaving the foot three miles 
behind) to a place called Maxwel-heugh, a height above Kelso : 
which when the rebels discovered, they instantly marched out with 
one hundred and fifty horse, and (as my lord Holland says) eight 
or ten thousand foot ; five or six thousand there might have been. 
He thereupon sent a trumpet commanding them to retreat, according 
to what they had promised by the proclamation. They asked whose 
trumpet he was, he said, My lord Holland's ; their answer was, he 
were best to be gone. And so my lord Holland made his retreat, 
and waited on his majesty this night, to give him this account. 

This morning advertisement is brought his majesty, that Lesley 
with twelve thousand men is at Cockburn-spath, that five thousand 
men will be this night or to-morrow at Dunce, six thousand at 
Kelso ; so his majesty's opinion is, with many of his council, to keep 
himself upon a defensive, and make himself here as fast as he can : 
for his majesty doth now clearly see, and is fully satisfied in his own 
judgment, that what passed in the gallery betwixt his majesty, your 
lordship, and myself, hath been but too much verified on this occa- 
sion. And therefore his majesty would not have you to begin with 
them, but to settle things with you in a safe and good posture ; and 
yourself to come hither in person, to consult what counsels are fit to 
be taken, as the affairs now hold. And so wishing your lordship a 
speedy passage, I rest 
From the camp at Your lordship's most humble servant, 

Huntley-field this and faithful friend, 

4th of July, 1639. jj y ANE< 

236 To this his majesty added the following postscript with his 
own hand : 

Having no time to write myself so much, I was forced to use his 
pen ; therefore I shall only say, that what is here written I have 
directed, seen, and approved. 

C. R. 

237 How great the marquis's surprise and trouble was when he 
received this, cannot be easily expressed, though it was but 
what he always looked for : and before the king left White- 



176 On going to the king, the marquis finds a treaty begun. II. 237 — 

hall, he told him in the gallery, (none but sir Henry Vane being 140 
present,) that few of the English would engage in an offen- 
sive [war] with Scotland. However he was too well taught in 
obedience to question or delay it after such positive orders : 
and therefore could neither give a satisfactory answer to the 
earl of Airly, who at that time wrote to him, pressing him to 
come to the north in all haste, otherwise the king's party there 
would be presently overrun ; nor to my lord Aboyne's letter, 
who desired fresh supplies of men and monies, though the re- 
fusing of both these was after that alleged against him. Yet 
the last being dated the 4th of June met him on his way to 
the king ; the other could be no sooner at him, being of the 
26th of May, and in the postscript excuse is made that it 
was of an old date for want of a sure bearer : both these are 
yet extant. But most of all it appears how groundless that 
great and crying accusation was, (which as it made up no 
small part of his charge to be mentioned in its proper place, 
so was it in the mouths of every person,) that he betrayed 
his majesty's service in the Frith, which could not be better 
cleared than by giving this particular deduction of every step 
of it. 
238 About the time that the marquis arrived at his majesty's 
camp, the covenanters sent a petition by the earl of Dumferm- 
line to the king, desiring a safe-conduct for such of their 
number as they should send to his majesty's camp, with their 
humble desires and offers for a treaty. This was granted, 
and their first meeting was appointed to be on the nth of 
June at Arundel's tent. So they sent the earls of Rothes, 
Dumfermline, and Lowdon, the sheriff of Teviotdale, Mr. 
Alexander Henderson, and Mr. Archbald Johnstown, who 
first proposed their desires in general, that religion and 
liberties might be secured, upon which they should behave 
themselves as good subjects: and then the marquis's affec- 
tion to his country made him employ his whole interest with 
the king for procuring a gracious answer to them ; offering, 
that if the king found it suitable to his honour, and fit for 
his service, he should not be displeased, though his majesty 
did disown his former actions, and let the load of obloquy and 
censure fall as heavy upon himself as the king pleased. But 
in this his majesty was positive, judging the owning of what 



— 239- The treaty is in a few days concluded. (1639.) 177 

he had done the former year to be both for his honour and 
interest. However, the marquis did shew the king, that while 
the fire-edge was upon the Scottish spirits it would not prove 
an easy task to tame them, but would be a work of some 
years, and cost much money and many men : he therefore 
desired the king would consider, if it were not fit to consent 
to the abolishing of episcopacy, and giving way to their cove- 
nant till better times ; and that as the chief leaders had en- 
tered upon that course, being provoked by some irritations 
and neglects they had met with, so it might be fit to regain 
them by cajolery and other favours. And to persuade the 
king to this course was the easier, that both his reason and 
his affection to his subjects did cooperate with it ; a great 
strengthening coming to it by my lord Canterbury's opinion, 
who saw a pacification absolutely necessary for the king's ser- 
vice, and did advise it. 
239 So on the 1 3th of June his majesty returned answer, that 
he supposed religion and liberties were abundantly settled 
by his former proclamations : but if any thing was wanting, 
wherein either religion or liberties were concerned, none 
should be more zealous for it than himself. The covenanters 141 
insisted, that the assembly of Glasgow might be ratified ; 
but his majesty rejected that, adding, that he was willing to 
call a new assembly and ratify what should be legally esta- 
blished by it in the following parliament. The commission- 
ers were willing to yield to this, provided his majesty did not 
oblige them to renounce the assembly of Glasgow, to which 
they resolved to adhere. His majesty said, he should not 
press them to that, but that assembly should not be men- 
tioned on either hand. They moved next about lay-elders 
in the assembly : the king referred himself in that to the 
laws of the land. They next moved that episcopacy should 
be abolished : the king answered, he would not prelimit his 
vote by declaring what it should be in the ensuing assembly. 
Finally, after all things had been debated divers days, not 
without some heat, wherein the earl of Rothes got new irrita- 
tions from some warm expressions of the king's to him, at 
length, on the 18th of June, all was concluded. First, his 
majesty signed the following Declaration, of which the original 
is extant. 

Hamilton. n 



178 The king's declaration. II. 240 — 

240 Charles R. 

We having considered the papers and humble petitions presented 
to us by those of our subjects of Scotland who were admitted to 
attend our pleasure in the camp, and after a full hearing by ourself 
of all that they could say or allege thereupon, having communicated 
the same to our council of both kingdoms, upon mature deliberation, 
with their unanimous advice, have thought fit to give them this just 
and gracious answer ; that though we cannot condescend to ratify 
and approve the acts of the pretended general assembly at Glasgow, 
for many grave and weighty considerations which have happened, 
both before and since, much importing the honour and security of 
that true monarchical government lineally descended upon us from so 
many of our ancestors : yet such is our gracious pleasure, that notwith- 
standing the many disorders committed of late, we are pleased not 
only to confirm and make good whatsoever our commissioner hath 
granted and promised in our name ; but also we are further graciously 
pleased to declare and assure, that according to the petitioners' 
humble desires, all matters ecclesiastical shall be determined by the 
assembly of the kirk, and matters civil by the parliament, and other 
inferior judicatories established by law ; and assemblies accordingly 
shall be kept once a year, or as shall be agreed upon at the next 
general assembly. 

And for settling the general distractions of that our ancient king- 
dom, our will and pleasure is, that a free general assembly be kept at 
Edinburgh the 6th day of August next ensuing, where we intend 
(God willing) to be personally present, and for the legal in diction 
whereof we have given orders and command to our council ; and 
thereafter a parliament to be holden at Edinburgh the 20th day 
of August next ensuing, for ratifying of what shall be concluded in 
the said assembly, and settling such other things as may conduce to 
the peace and good of our native kingdom, and therein an act of 
oblivion to be passed. 

And whereas we are further desired, that our ships and forces by 
land be recalled, and all persons, goods, and ships be restored, and 
they made safe from invasion, we are graciously pleased to declare, 
that upon their disarming and disbanding of their forces, dissolving 
and discharging all their pretended tables and conventicles, and re- 
storing unto us all our castles, forts, and ammunitions of all sorts, 142 
as likewise our royal honours ; and to every one of our good sub- 
jects their liberties, lands, houses, goods, and means whatsoever, 
taken and detained from them since the late pretended general 
assembly, we will presently thereafter recall our fleet and retire our 



— 242. Articles, which were signed by the covenanters. (1639.) 1~9 

land-forces, and cause restitution to be made to all persons of their 
ships and goods detained or arrested since the aforesaid time : 
whereby it may appear that our intention in taking up of arms was 
no ways for invading our own native kingdom, or to innovate the 
religion and laws, but mainly for the maintaining and vindicating of 
our royal authority. 

And since that hereby it doth clearly appear that we neither 
have, nor do intend any alteration in religion and laws, but that 
both shall be maintained by us in their full integrity, we expect the 
performance of that humble and dutiful obedience which becometh 
loyal and dutiful subjects, and as in their several petitions they have 
often professed. 

And as we have just reason to believe that to our peaceable and 
well-affected subjects this will be satisfactory, so we take God and 
the world to witness, that whatsoever calamities shall ensue by our 
necessitated suppressing of the insolencies of such as shall continue 
in their disobedient courses is not occasioned by us, but by their 
own procurement. 

241 After this the following articles were signed : 

I. The forces of Scotland to be disbanded and dissolved within 
eight and forty hours after the publication of his majesty's Decla- 
ration-being agreed upon. 

II. His majesty's castles, forts, ammunition of all sorts, and royal 
honours, to be delivered after the publication, so soon as his majesty 
can send to receive them. 

III. His majesty's ships to depart presently after the delivery of 
the castles, with the first fair wind, and in the mean time no inter- 
ruption of trade or fishing. 

IV. His majesty is graciously pleased to cause to restore all persons' 
goods and ships detained and arrested since the 1st of November last. 

V. There shall be no meetings, treatings, consultations, or con- 
vocations of his majesty's lieges, but such as are warrantable by act 
of parliament. 

VI. All fortifications to desist, and no further work therein, and 
they to be remitted to his majesty's pleasure. 

VII. To restore to every one of his majesty's subjects their liber- 
ties, lands, houses, goods, and means whatsoever, taken and detained 
from them by whatsoever means since the aforesaid time. 

242 Next the commissioners signed the following note : 

In obedience to his majesty's royal commands, we shall upon j .4.;? 

n2* 



180 Conditions of 'the agreement. II. 242 — 

Thursday next, the 20th of this June, dismiss our forces, and imme- 
diately thereafter deliver his majesty's castles, and shall ever in all 
things carry ourselves like humble, loyal, and obedient subjects. 

Signed, 

Rothes. W. Douglas. 

Dumfermline. Al. Henderson. 
Lowden. Arch. Johnstown. 

243 The treaty being thus ended, all parted with great expres- 
sions of joy. But few wise men expected it should be fol- 
lowed with a lasting agreement, the covenanters being pe- 
remptory not to part with a hoof, so that whatever conces- 
sions came not up to all their desires were not like to prove 
satisfactory. Those who understood not the true state of the 
English army, wondered that the king should have let this 
opportunity out of his hands, whereby they judged he was 
able to have broken and subdued Scotland. And according 
to the vulgar civility of all censurers of king's actions, his 
bad councillors bore the blame, whereof the far greatest 
share fell upon the marquis. But others, who saw beyond 
those superficial observers, acknowledged there was an equal 
temperature of wisdom and goodness in his majesty's conces- 
sions, not denying a proportionable share of the praise to his 
good councillors. The covenanters judged they had scaped 
well, who got off so easily ; for it would have been impossible 
for them to have maintained the great bodies they had ga- 
thered together any longer, except they had marched into 
England, to which they had no mind unless forced by ne- 
cessity. But some made another observation, though of less 
moment, yet not unpleasant, upon Mr. Henderson's signing 
the former paper, that it was strange to see a churchman who 
had acted so vigorously against bishops for their meddling in 
civil affairs, made a commissioner for this treaty, and sign a 
paper so purely civil : so strongly does passion and interest 
bias and turn men. 

244 When the commissioners came back to the camp, they gave 
an account of their negotiation ; and besides the articles of 
treaty, they produced another paper which passed among all 
for the conditions of the agreement. It was a note contain- 
ing some points which were alleged to have been agreed to at 



—245 The marquis receives the castle of Edinburgh. (1639.) 181 

Berwick verbally, though not set down in the written treaty ; 
which was made up of some downright mistakes, and of other 
things which the king in discourse had indeed said, but not 
positively, nor as a determination on which he had con- 
cluded. However the army made a declaration, that their 
accepting of the king's papers wherein the assembly of Glas- 
gow was called the pretended assembly did not infer their 
accounting it so, which they could never do. Yet all the 
forces withdrew, most of them laying down arms, but still 
keeping in great bodies together; and a proclamation was 144 
sent to the north to Montrose on the one side, and Aboyne 
on the other, to lay down arms (for all this while there had 
been a body of about two thousand that had stood for the 
king in Aberdeenshire, who were commanded by my lord 
Bamf, against whom my lord Montrose was sent) : and these 
orders were obeyed by them both ; and indeed they came 
in good time to Aboyne, otherwise he had been sore put 
to it. 
245 On the 22nd of June the marquis was ordered to go to the 
castle of Edinburgh, and take possession of it in the king's 
name, and relieve the marquis of Huntley, and put Ruthwen 
(now created lord Estrick) in it ; and also to furnish it with 
store of provision and ammunition out of the magazine in the 
navy : which being done, the fleet was to be sent out of the 
Frith. And accordingly on the 24th of June he came to 
Edinburgh, but he met with such reproaches and hootings 
from the vulgar, that he was forced (for preventing a tumult) 
to desire some of the covenanting lords to wait on him to the 
castle ; and yet on the way he was all along cried out upon 
with most unworthy names, as pirate, traitor, enemy to God 
and his country, with other such-like invectives. These he 
could not but despise, though he was sensible of the dishonour 
put upon the king's commissioner by that usage : yet he might 
well have expected that it should have secured him from the 
jealousies and stories which were spread of him, as if he had 
been all that time so popular that he was looked upon as the 
chief friend of the good cause ; which was as well grounded 
as the rest of these reports. But having executed the king's 
orders about the castle of Edinburgh, he left the earl of 
Traquair (whom with the earl of Roxburgh his majesty had 



182 Advice of the marquis to the king ; who wishes to II. 245 — 

again received into his favour) to see the rest of the conditions 
fulfilled. 

246 The tables continued to sit, pretending it was necessary 
they should do so till all were scattered. It is true, I have 
in my hands a copy of a warrant for them to sit till the 20th 
of July ; but whether it was signed, I can neither assert nor 
deny. 

2 47 Divers disorders fell out in Edinburgh, and Traquair met 
with many insolences, in one of which the white staff, which 
was carried by his servant before his coach, was pulled out of 
his hand; and complaint being made of this to the town- 
council of Edinburgh, all the reparation they offered was to 
bring my lord treasurer another white staff: so it was said 
they rated the affront put on the king in the person of his 
treasurer at sixpence. 

248 Other insolences were also complained of, and the cove- 
nanters partly excused them, partly denied what was alleged ; 
but no reparation was made. These disorders obliged his 
majesty to change his purpose of coming to Scotland in per- 
son, resolving to be present only by his commissioner. 

249 The marquis returned to his majesty, and stated all that 
was to be thought upon for Scottish affairs in a paper pre- 
sented to his majesty at Berwick the 5th of July, yet extant 
in these words : 

250 To leave all that is past, the question is briefly, 

Whether the assembly and parliament now indicted is fittest to 
be held or discharged ? 

If held, the success of the assembly will be the ratifying of what 
was done at Glasgow ; or if that point be gained, yet certainly most 
of the acts that were made there will [be] of new enacted : nor is there J 45 
any hope to prevent their finding episcopacy to be abjured by their 
covenant, and the function against the constitution of their church. 

This will be by the members of parliament ratified, and put to the 
king's negative voice ; and if it be not condescended to by him, it 
is more than probable that his power even in that court and in that 
place will be questioned. 

If it be discharged, nevertheless the assembly will be keeped by 
the rebels, and the same things done in it by them, and thereafter 
maintained by the generality of the kingdom : this consequently will 
bring alongst with it the certain loss of civil authority, and so ne- 



—253- send him again commissioner into Scotland. (1639.) 188 

cessitate the reestablishing the same by force, or otherwise the deser- 
tion of that kingdom. 

So it is to be resolved on, whether it be fit to give way to the mad- 
ness of the people, or of new to intend a kingly way ? 

If way be given to what is mentioned, it is to be considered in 
that case, if the king shall be personally present or not ; if not pre- 
sent, who shall be employed, and how instructed ? 

If the kingly way be taken, what shall be the means to effectuate 
the intended end ; particularly how money may be levied for the 
waging of this war, and if that be feasible without a parliament ? 

If a parliament, what the consequence may prove ? So all may 
be summed up in this : whether to permit the abolishing of episco- 
pacy, the lessening of kingly power in ecclesiastic affairs, the esta- 
blishing civil authority in such manner as the iniquity of the times 
will suffer, and to expect better ; and what will be the consequence 
of this if way be given thereto : or to call a parliament in England, 
and leave the event thereof to hazard and their discretions, and in 
the interim Scotland to the government of the covenanters ? 

251 This freedom declares how candidly he dealt with the king 
in all his counsels. It is true, he pressed the king earnestly 
to give way to the abolishing of bishops, judging that to be 
the only mean to bring Scotland again into order : but this 
was out of no other principle save his desire to see the king 
again enjoy the affections as well as the obedience of his sub- 
jects of Scotland ; thinking episcopal government not so essen- 
tial or absolutely necessary, as not to be parted with for a 
time in such an exigency, wherein the ruin of the king and 
kingdom was so manifestly threatened. 

2 5 2 His majesty considering that God did not tie him to impos- 
sibilities, resolved, notwithstanding his conscientious adhering 
to episcopacy in England, to give way for some time to lay 
aside that government in Scotland, hoping to draw more good 
from it ; but intended to employ another for executing it, 
knowing that his countenance and carriage would betray the 
discord was betwixt his heart and his actions, if he went him- 
self : and being well satisfied with the marquis's behaviour, 
desired him to return to Scotland in the same character, and 
finish that business. 

253 But he made use of all his forces both of reason, friendship, 
and interest, to divert the king from this, representing the 



s 



184 Reasons given by the marquis why he should II. 253 — 

following reasons to dissuade him from it, in a paper pre- 
sented the 8th of July, in these words : 

254 If your majesty give way to the covenanters' demands, it would 146 
be seriously considered which will be the fittest way to do it : if by 
your majesty's own personal presence, or by a commissioner : if 
yourself, I shall say in that case nothing in this paper ; if by a com- 
missioner, then give me leave humbly to represent to your majesty's 
consideration how unfit it is that I should be employed. 

The hatred that is generally carried me, and in particular by the 
chief covenanters, will make them (hoping thereby either to ruin 
me, or at least make my service not acceptable) stand more peremp- 
torily on these other points of civil obedience, which your majesty 
aims at, than they would do to one that is less hated. 

II. Since they are the same men I have formerly treated with, 
who now again must be principally used, they cannot but find these 
particulars, which I have so often sworn and said your majesty 
would never condescend to, will now be granted : therefore they 
will give no credit to what I shall say thereafter, but will still hope 
and believe, that all their desires will be given way to, thinking, as 
they have often said, that I had power to condescend to more, but 
would not, that I might endear myself to your majesty, and be 
thought a deserving servant, in procuring more than you was con- 
tent to accept of ; and so will for this cause stand upon those points 
with me, which they would not do with any other, who they could not 
but believe would freely grant (to oblige them) all such things as he 
had power from your majesty to grant ; and trust him when he said 
he could go no further, and so rather accept of that than adventure 
on a new breach. 

III. The rage and malice of the people is such against me, that I 
am not only advertised, but advised from many amongst them, who 
pretend to love me, not to come into the kingdom employed as a 
commissioner ; for it will be impossible for me to escape affronting, 
if I do with my life. I do not mention this out of a care to preserve 
it with the prejudice of your service, but I know your justice and 
goodness is such, that you would not suffer that injury to go un- 
punished, which would consequently bring alongst with it the losing 
of your majesty's end, of establishing this business in a peaceable 
way. 

IV. If your majesty should longer continue me your commissioner, it 
would confirm in them the opinion which hath already possessed them 
that your majesty intends to govern that kingdom by a commissioner, 



— 254- n °t be again sent commissioner into Scotland. ( 1 639.) 185 

which is not more grievous to the covenanters than it is to the 
officers of state : whereas (on the contrary) if your majesty make 
choice of a new one, they will think it is only for the present service, 
and so rest both of them secure in that point ; and your service 
consequently go the smoother on : for they will fancy,, if it prosper 
in my hands, that then I may like the employment so well as I 
would not willingly quit it ; but if it miscarry, then neither I nor 
any other would be desirous to undergo that charge, and so they be 
freed of a commissioner. 

V. I am thought to have been a chief instrument in moving your 
majesty to resent their carriage in such sort as you have done : 
which will cause in them, for my sake, not only a dislike of all that 
shall pass through my hands, but even an undervaluing, or at least 
not that hearty acknowledgment of such favours as your majesty 
conferreth on them, which they would do if another were employed ; 
whom they would endeavour to gain for their own ends, and hoping 
to make him theirs, would not only seem to be contented, but en- 
deavour to make your majesty, the world, and himself, believe they 
were so. Whereas (on the contrary) thev would be ever repining, 
and not give that obedient acquiescing, if I be continued, as other- 147 
wise would be if any other were employed. 

VI. If your majesty should at this time continue me your commis- 
sioner, they would apprehend that I might resent the many particular 
injuries done me, and so be a mean to work them prejudice, if it were 
but to revenge myself, which will not only cause jealousy in them, 
but an earnest endeavouring to make me incapable to prejudice them ; 
which cannot more easily be effected than by frustrating and crossing 
my intentions of serving your majesty : whereas if another be em- 
ployed, they will not apprehend it to be in my power to prejudice 
them, and so be freed of that fear, and consequently give way to 
those things in another man's person, which they would not do if I 
be still employed. 

VII. They know that I am so well acquainted with their ways and 
proceedings, and that my heart is so straight to your majesty's ser- 
vice, that I will not conceal any thing from you, either of their by- 
past actions or any thing that shall be done of new : whereas if 
your majesty employed another, they will be in hope that what is 
past is not so well known to him, and so will be forgot, or if remem- 
bered by me, it will serve to no end, I being out of place ; and that 
perhaps he will be more sparing of speaking than I have been, or 
that he is to be gained to their party : for w T hich end hoping he 



186 Reasons why the marquis should not be again sent II. 254 — 

may prove for the future useful to them, they may comply with 
him for the present in divers things which they would not do if 
I be continued. 

VIII. There are so many of your majesty's subjects of all sorts 
whom I have persuaded to resist the ways of the covenanters to their 
great prejudice, that 1 shall be infinitely pressed by them to move 
your majesty for their relief, and I challenged of my promise, that 
whosoever suffered for that cause, your majesty would restore to the 
full to them, the doing whereof would draw on your majesty a great 
charge ; and if they find it not performed to them by me continuing 
commissioner, it is probable they will then join with the covenanters : 
whereas if your majesty employ another, they will not know so well 
how to address themselves to him, nor be in despair of obtaining it 
hereafter, and so continue still in the way they are in. 

IX. This work will make me (I fear) even lose your majesty's 
favour ; for I know it is so odious to you, that I have cause to apprehend 
that you will not like the actor : or though your goodness will permit 
you to look upon him, because what he did was by your command ; 
yet it may be imagined that your honour will oblige you not to seem 
to care for him. Sure I am of this, that whereas I am now perfectly 
hated by all your subjects who have withstood your majesty, (if it 
shall please you to lay this employment upon me,) I shall hereafter 
be, by all who wish prosperity to your affairs in both kingdoms ; and 
where or how I may be called to an account for this undertaking, I 
know not : and a business of that nature I take it to be, that a pardon 
ought humbly to be begged before it be meddled in, seeing it is an 
act so derogatory to kingly authority. 

Give me leave humbly to represent unto your majesty, if it be fit 
either for an honest man or a gentleman to be made the instrument 
of doing that which he hath so often in public and private condemned 
in so high a degree, and withstood to the certain loss of most of my 
country, and many of your majesty's court and kingdom of England. 
Nor can I ever hope to live without perpetual accusations of such 
who will find themselves grieved by that which will be done, for not 
dissuading your majesty from this course, or at least for accepting 
that employment, and proving your instrument therein. This I could 
enlarge, for much thereof I have already heard ; but I have presumed 
too much : yet I hope your majesty will pardon me, since these ar- 
guments are (as I conceive) used for your service, the good of which 148 
shall be ever preferred by me before either life or fortune ; which I 
would willingly expose to all dangers rather than you shall be pleased 



— 2$ J. into Scotland. Traquair is chosen commissioner. (1639.) 187 

to lay this employment on me, for your majesty's affairs would be 
infinitely prejudiced thereby. 

All which I humbly beseech you to take into your royal 
consideration. 

255 There was too much justice in these reasons, and his ma- 
jesty was too full of affection for him to press it any further ; 
therefore the king made choice of his treasurer the earl of 
Traquair for the service, making account that if he served 
honestly it would do well ; if otherwise, his majesty would 
have good reasen to shake him off. Upon this he was pre- 
sently called from Scotland. The king also wrote for fourteen 
of the lords that were the chief covenanters to come and wait 
upon him at Berwick, that he might advise with them about 
the affairs in hand. But the true reason (as was believed) 
was to try what fair treatment might do with them. This 
gave great jealousies to the covenanters, who were not so 
blind as not to understand what the effect of this might prove. 
And indeed some studied to infuse worse jealousies, as if the 
design of calling for the lords had been to send them all pri- 
soners to London. In end they resolved none should go, save 
three from each estate : the three lords were the earls of 
Montrose, Lowdon, and Lowthian; and Lowthian was the 
person who pressed them most to send any, for many had no 
inclinations to send at all. 

256 But before they came to Berwick the king ordered the 
marquis by a warrant in writing, yet extant under his majesty's 
hand, to try what way he could gain upon them and discover 
the bottom of their intentions, how the estate of bishops 
should be supplied in parliament, and how far they intended 
to lessen the king's authority. The king also allowed him to 
use what means he pleased, and speak to them what he 
thought fit; not only authorizing, but requiring him to it, 
and warranting him if he were ever questioned or accused 
for it by any. Bearing date at Berwick the 17th of July, 
1639. 

257 It is easy from this to infer, both how entirely his majesty 
confided in him, and how unjust they are who upon any ex- 
pressions he might then have used, offer injury to his memory : 
and yet he managed this so cautiously, that very little escaped 
him for which he could not have justified himself without this 



188 The king gains Montrose. II. 257 — 

order. But so tender was he of his majesty's reputation, that 
when he was afterwards charged for some hard speeches 
alleged to have been uttered at that time, in all his written 
defences he never made use of this justification ; knowing how 
at that time it might have prejudiced his majesty's service, if 
it had been known that he gave such warrants to those he 
employed ; reserving to whisper it in his majesty's ear when 
he should be admitted to his presence. And indeed till this 
appeared, the writer of these memoirs was not a little stumbled 
with some of his speeches then uttered, which were hard to 
be understood : for having them so near the fountain, he could 
scarce doubt his information : but this order reconciles the 
truth of these reports he had heard with the marquis's in- 
nocency. 
2 5 8 The king was highly sensible of the affront put upon him, 
by hindering all he had called for to come to wait on him ; 
yet he resolved to bear as far as human patience could go, 
and studied to gain upon the lords that came. The earl of 149 
Montrose was much wrought upon, and gave his majesty full 
assurances of his duty in time coming ; and upon that entered 
in a correspondence with the king. The other two were a 
little mollified, but not gained : only from them the marquis 
learned, that all the acts of parliament for episcopacy were 
to be abrogated by the next parliament, and that they designed 
to change the course of bringing in things to the parliament 
by the lords of the articles, as a prelimitation upon the par- 
liament. Whereupon the next thing to be done was to draw 
Traquair's instructions, which was not done without great and 
long consultation, none being privy to it besides the marquis 
and Traquair himself. That which made the king so tender, 
was his zeal for episcopacy ; but Traquair helped him out of 
all difficulties by telling him, that do the next parliament 
what it would, there were still good grounds to introduce 
episcopacy, whenever the king was able to carry it ; for 
bishops being (by all the laws of Scotland) one of the three 
estates of parliament, no act that passed without them could 
have force in law, much less the act that abolished them, 
especially they not appearing or consenting to it, but pro- 
testing against it. This gave much ease to the king's 
thoughts, and so, on the 27th of July, Traquair's instructions 



— 259- Traquair's instructions. (1639.) 189 

were signed, which follow as they are taken from a copy of 
them under the marquis's hand. 
259 Charles R. 

At the first meeting of the assembly, before it be brought in dis- 
pute who shall preside, you shall appoint him who was moderator in 
the last assembly to preside in this till a new moderator be chosen. 

We allow that lay-elders shall be admitted members of this as- 
sembly : bat in case of the election of commissioners for presbyteries 
the lay-elders have had voice, you shall declare against the infor- 
mality thereof; as also against lay-elders having voice in funda- 
mental points of religion. 

At the first opening of the assembly you shall strive to make the 
assembly sensible of our goodness, that notwithstanding all that is past, 
whereby we might justly have been moved not to hearken to their 
petitions, yet we have been graciously pleased to grant a free general 
assembly, and for great and weighty considerations have commanded 
the archbishops and bishops not to appear at this assembly. 

You shall not make use of the assessors in public, except you find 
you shall be able to carry their having vote in assembly. 

You shall labour to your uttermost that there be no question 
made about the last assembly ; and in case it come to the worst, 
whatever shall be done in ratification, or with relation to the former 
assembly, our will is, that you declare the same to be done as an 
act of this assembly, and that you consent thereunto only upon these 
terms, and no ways as having any relation to the former assembly. 

You shall by all means shun the dispute about our power in as- 
semblies ; and if it shall be urged or offered to be disputed, whether 
we have the negative voice, or the sole power of indicting, and con- 
sequently of dissolving, except you see clearly that you can carry 
the same in our favours, stop the dispute ; and rather than it be 
decided against us, stop the course of the assembly until we be 
advertised. 

For the better facilitating of our other services, and the more 1 co 
peaceable and plausible progress in all businesses recommended to 
you, we allow you at any time you shall find most convenient, after 
the opening of the assembly, to declare, that notwithstanding our 
own inclination, or any other considerations, we are contented for 
our people's full satisfaction, to remit episcopacy and the estate of 
bishops to the freedom of the assembly, but so as no respect be had 
to the determination of the point in the last assembly. 

But in giving way to the abolishing of episcopacy, be careful that 
it be done without the appearing of any warrant from the bishops ; 



190 Instructions given to Traqnair on his II. 259. 

and if any offer to appear for them, you are to inquire for their 
warrant, and carry the dispute so, as the conclusion seem not to be 
made in prejudice of episcopacy as unlawful, but only in satisfaction 
to the people for settling the present disorders, and such other 
reasons of state : but herein you must be careful that our intentions 
appear not to any. 

You shall labour that ministers deposed by the last assembly, or 
commissions flowing from them, for no other cause but the sub- 
scribing of the petition or declinator against the last assembly, be 
upon their submission to the determinations of this assembly reponed 
in their own places ; and such other ministers as are deposed for 
no other faults, that they be tried of new : and if that cannot be, strive 
that commissions may be directed from this assembly for trying 
and censuring them according to the nature of their process. 

That immediately upon the conclusion of this assembly you indict 
another at some convenient time, as near the expiring of the year as you 
can : and if you find that Aberdeen be not a place agreeable, let Glasgow 
be the place, and if that cannot give content, let it be elsewhere. 

The general assembly is not to meddle with any thing that is 
civil, or which formerly hath been established by act of parliament, 
but upon his majesty's special command or warrant. 

We will not allow of any commissioners from the assembly, nor 
no such act as may give ground for the continuing of the tables or 
conventicles. 

In case episcopacy be abolished at this assembly, you are to labour 
that we may have the power of choosing of so many ministers as 
may represent the fourteen bishops in parliament ; or if that cannot 
be, that fourteen others whom we shall present be agreed to, with a 
power to choose the lords of the articles for the nobility for this time, 
until the business be further considered upon. 

We allow that episcopacy be abolished for the reasons contained 
in the articles, and the covenant 1580, for satisfaction of our people 
be subscribed, provided it be so conceived, that thereby our sub- 
jects be not forced to abjure episcopacy as a point of popery, or 
contrary to God's law or the protestant religion : but if they require 
it to be abjured as contrary to the constitution of the kirk of Scotland, 
you are to give way to it rather than to make a breach. 

After all assembly-business is ended, immediately before prayers, 
you shall, in the fairest way you can, protest that in respect of. his 
majesty's resolution of not coming in person, and that his instructions 
to you were upon short advertisement, whereupon many things may 
have occurred, wherein you have not had his majesty's pleasure, there- 



2^9- being sent commissioner into Scotland. ([639.) 191 

fore, and for such other reasons as occasion may furnish, you are to 
protest, that in case any thing hath escaped you, or hath been conde- 
scended upon in this present assembly, prejudicial to his majesty's 
service, that his majesty may be heard for redress thereof in his own 
time and place. 

We will not allow that either by the commissions already granted, 
nor upon no other bill or petition, any part of the burden of the 
charges of the last business be laid upon any of our good subjects, 15 l 
who have stood by us and have refused to subscribe their bonds and 
covenants. 

That you stop the signatures of the rights of Kintyre, Abbacy of 
Dear, Abbacy of Scoon, and generally all acts in favours of cove- 
nanters, so far as you can without stopping the ordinary course of 
justice : and you are to consider withal how his majesty's right to 
any of the aforesaids may be put on foot without making interruption 
to the present business in hand. 

You shall take a course whereby the rents of all such bishoprics 
as are vacant be detained, and either by warrant of the incumbent 
or by demission may be collected : and when any person shall be 
provided to these benefices so vacant, our will is, that you take the 
same course with the rents of these, as by these we do command 
you to do with the rest of the rents of the bishoprics of Scotland ; 
which is this, to cause draw up a formal assignation to the whole 
rents, fruits, customs, &c. belonging to the bishopric, whereof they 
are bishop, to be subscribed by them to and in our favour, upon re- 
turn whereof to you, you shall give power and commission to such 
persons as you shall receive under every one of their hands, to col- 
lect and intromet with the aforesaid rents of the several bishoprics, 
and to deliver and be accountable to you for the same ; and upon 
your receipt thereof, you are to issue them out immediately again to 
the aforesaid bishops, or any having their warrant to that effect. 

You shall hear the complaints or petitions of any of our subjects, 
or against any of our subjects, but such as you know to be sufferers 
for refusing to join with the covenanters in the covenanting way ; 
and you shall protect all such persons by all the fair ways you can, 
and particularly sir John Hay and sir Robert Spottiswood. 

If any thing occur either in civil or ecclesiastical judicatory, 
wherein you have not our express will and pleasure signified unto 
you, wherein you see clearly our royal and princely power and au- 
thority prejudiced, we will you to acquaint us therewith before any 
proceeding be made. 

You shall pay weekly for defence of our castle of Edinburgh an 



192 Instructions given to Traquair. II. 260- 

hundred soldiers at eightpence per diem, besides the English gun- 
ners and artificers, at the rates set down by the marquis of Hamil- 
ton. And as for Ruthwen himself, you shall assign him the rents 
of the castle ; and you shall likewise keep a competent number of 
workmen for completing the fortifications already begun, and shall 
withal provide the castle with six months' victuals for the foresaid 
number of soldiers and other officers. 

And as for Dumbriton, you shall pay for the defence thereof sol- 
diers at eightpence per diem to the number of forty : allowing the 
rents and other customs thereof for paying the captain and other 
officers. 

At Berwick the 27th of July, 1639. 

260 These were the instructions given the earl of Traquair, of 
which the marquis wrote to a covenanter, that if they were 
not worse than devils they would rest satisfied. 



MEMOIRS '53 



OF THE 

LIFE AND ACTIONS 

OF 

JAMES DUKE OF HAMILTON 



BOOK III. 

Of what 'passed after the marquis laid down his commission till 
July 164.2. 

AND now I am come to a period in the series of the mar- 
quis's public actings for this turn, after which for some years 
he continued at court under the private character of a coun- 
cillor much in his majesty's favour; it cannot be therefore 
expected, that henceforth the accounts of Scottish affairs 
should be enlarged to the former fulness, since it is the mar- 
quis's story, and not Scotland's, that is undertaken to be 
written : neither are the materials so copious, as to bear the 
writer through all particulars, were he so bold as to adventure 
on them. Therefore all that shall be henceforth offered of 
public affairs shall be only to give the reader such a clear 
prospect of the state of them, that when the marquis shall 
again appear in business, his following actions may hang to- 
gether with his former; yet the writer will not so sullenly 
confine himself to a general account, but when any particu- 
lars occur wherein he is authentically informed, he will truly 
represent them. 

My lord of Traquair waited upon his majesty to Whitehall, 
whither the king came in the beginning of August : and on 
the 6th his commission was signed, and himself despatched to 
Scotland. On his way he was ordered to deliver the following 

Hamilton. o 



194 The king's letter to the lord St. Andrew's. III. a, — 

letter from his majesty to my lord S. Andrew^, (who was 
then at Newcastle,) in answer to an address made by the 
bishops to my lord of Canterbury to get the assembly pro- 
rogued. It was penned by the marquis, as appears by the 
brovillon of it yet extant, and interlined in some places by 
my lord of Canterbury. 

, Charles R. t - . 

Right trusty and well-beloved councillor, and reverend father in 
God, we greet you well. 

Your letter, and the rest of the bishops, (sent by the elect of 
Caithnes,) to my lord of Canterbury, hath been shewn by him to us ; 
and after serious consideration of the contents thereof, we have 
thought fit ourself to return this answer to you, for direction ac- 
cording to our promise, which you are to communicate to the rest of 
your brethren. 

We do in part approve of what you have advised concerning the 
prorogating of the assembly and parliament, and must acknowledge 
it to be grounded upon reason enough, were reason only to be 
thought on in this business ; but considering the present state of 
our affairs, and what we have promised in the articles of pacification, 
we may not (as we conceive) without great prejudice to ourself and 
service, condescend thereunto : wherefore we are resolved, nay rather 
necessitated, to hold the assembly and parliament at the time and 
place appointed. And for that end we have nominated the earl of 
Traquair our commissioner, to whom we have given instructions, 
not only how to carry himself at the same, but a charge also to have 
a special care of your lordships, and those of the inferior clergy, who 
have suffered for their duty to God and obedience to our commands. 
And we do hereby assure you, that it shall be still one of our chiefest 
studies, how to rectify and establish the government of that church 
aright, and to repair your losses, which we desire you to be most 
confident of. 

As for your meeting to treat of the affairs of the church, we do 
not see at this time how that can be done ; for within our kingdom 
of Scotland we cannot promise you any place of safety, and in any 
other of our dominions we cannot hold it convenient, all things con- 
sidered : wherefore we conceive that the best way will be for your 
lordships to give in, by way of protestation or remonstrance, your 
exceptions against this assembly and parliament to our commissioner, 
which may be sent by any mean man, so he be trusty, and deliver it 
at his entering into the church ; but we would not have it to be 



— 4* The bishop's declinator of the assembly. (1639.) 195 

either read or argued in this meeting, where nothing but partiality 
is to be expected, but to be represented to us by him, which we 
promise to take so in consideration, as becometh a prince sensible of 
his own interest and honour, joined with the equity of your desires : 
and you may rest secure, that though perhaps we may give way for 
the present to that which will be prejudicial both to the church and 
our own government, yet we shall not leave thinking in time how to 
remedy both. 

We must likewise intimate unto you, that we are so far from con- 
ceiving it expedient for you, or any of my lords of the clergy, to be 
present at this meeting, as we do absolutely discharge your going 
thither, and for your absence this shall be to you and every one of 
you a sufficient warrant. In the interim, your best course will be to 
remain in our kingdom of England, till such time as you receive our 
further order, where we shall provide for your subsistence, though 
not in that measure as we could wish, yet in such a way as you shall 
not be in want. 

Thus you have our pleasure briefly signified unto you, which we 
doubt not but you will take in good part : you cannot but know, 
that what we do in this we are necessitated to. So we bid you fare- 
well. 

Whitehall, Aug. 6, 1639. 

4 This letter being delivered to the bishops by the king's 155 
commissioner, they signed the following declinator, and put 
it in his hands : 

Whereas his majesty out of his surpassing goodness was pleased 
to indict another national assembly for rectifying the present dis- 
orders in the church, and repealing the acts concluded in the late 
pretended assembly at Glasgow, against all right and reason; charging 
and commanding us, the archbishops and bishops of the church of 
Scotland, and others that have place therein, to meet at Edinburgh 
the 1 2th of August instant, in hopes that by a peaceable treaty and 
conference matters should have been brought to a wished peace and 
unity ; and that now we perceive all these hopes disappointed, the 
authors of the present schism and division proceeding in their wonted 
courses of wrong and violence, as hath appeared in their presump- 
tuous protestation against the said indiction, and in the business 
they have made throughout the country, for electing ministers and 
laics of their faction to make up the said assembly ; whereby it is 
evident, that the same or worse effects must needs ensue upon the 
present meeting than were seen to follow the former. 

o2 



196 The assembly sits, and proceeds violently. III. 4 — 

We therefore, the under-subscribers, for discharge of our duties 
to God and to the church, committed to our government under our 
sovereign lord the king's majesty, protest, as in our former decli- 
nator, as well for ourselves as in name of the church of Scotland, 
and so many as shall adhere to this our protestation, that the pre- 
sent pretended assembly be holden and reputed null in law, as con- 
sisting and made up partly of laical persons that have no office in the 
church of God, partly of refractory, schismatical, and perjured ministers, 
that contrary to their oaths and subscriptions, from which no human 
power could absolve them, have filthily resiled, and so made them- 
selves to the present and future ages most infamous : and that no 
churchman be bound to appear before them, nor any citation, ad- 
monition, certification, or act whatsoever, proceeding from the said 
pretended meeting, be prejudicial to the jurisdiction, liberties, pri- 
vileges, rents, possessions, and benefices belonging to the church, 
nor to any acts of former general assemblies, acts of council, or 
parliament made in favour thereof: but to the contrary, that all 
such acts and deeds, and every one of them, are and shall be reputed 
unjust, partial, and illegal, with all that may follow thereupon. And 
this our protestation we humbly desire may be presented to his 
majesty, whom we do humbly supplicate, according to the practice 
of Christian emperors in ancient times, to convene the clergy of his 
whole dominions, for remedying the present schism and division, 
unto whose judgment and determination we promise to submit our- 
selves and all our proceedings. 

Given under our hands at Morpeth, Berwick, and Holy-Island, 
the 10th and nth of August, 1639. 

Signed, 

St. Andrews. Wal. Brechinen. 

Da. Edinburgen. Ja. Lismoren. 

Jo. Rossen. Ad. Aberdon. 

Th. Galloway. 

5 When my lord Traquair came to Scotland, he found all the 156 
conditions of the treaty violated, the fortifications of Leith 
continued, the forces not all disbanded, Lesley keeping up 
still the character of general, besides many other particulars. 

6 After his coming to Edinburgh, the assembly was held 
there about the middle of August, but they had not remitted 
any thing of their fervour : only in renewing the last year's 
acts, they were contented not to mention the assembly of 
Glasgow ; magnifying that as a high condescendency, not con- 



— 7- The king* s letter to the assembly . (1639.) 197 

sidering how disproportioned it was to the great concessions 
made by his majesty. Neither were they content with dis- 
charging the use of the Service-book and Book of Canons, 
but would needs tax them of popery, and the high commission 
of tyranny. Like to these were their narratives of annulling the 
general assemblies held by king James, and of abolishing 
episcopacy, of which my lord Traquair gave his majesty an ac- 
count ; and the following answer was sent from his majesty. 
But one difference of the king's usage of the marquis from 
what he gave his other commissioners, is, that to him he wrote 
his orders all with his own pen ; but to others he wrote by 
another pen, only superscribed the letters himself. And in his 
letters to Traquair, he employed the marquis for his secretary. 
The king's letter follows, taken from the marquis's copy, 
bearing date the 20th of August. 

7 Charles R. 

Right Trusty, 

We have hitherto commanded Hamilton to answer several of your 
letters; but that of the 16th of August being of more weight than 
any of your former, we have thought fit to answer it ourself. 

And whereas you say that nothing will satisfy them except in 
terminis the last assembly be named and ratified, or that way be 
given to the discharging episcopacy as abjured in that church, as 
contrary to the confession of faith 1580, and the constitutions of the 
same, you being yet in some hope that the word abjured may be 
got changed, and that in drawing up the words of the act it be only 
condemned, as contrary to the constitution of that church ; we in this 
point leave you to your instructions, they being full, if you consider 
what we have said concerning episcopacy, and subscribing the confes- 
sion of faith 1580 : we thinking it fit to declare hereupon unto you, 
that, let their madness be what it will, further than we have declared 
in our instructions in these points we will not go. 

For the Service-book and Book of the Canons, though we have been 
and are content it be discharged, yet we will never give our voice 
nor assent that they be condemned as containing divers heads of 
popery and superstition. In like manner, though we have been and 
are content that the high commission be discharged, yet we will 
never acknowledge that it is without law, or destructive to the civil 
and ecclesiastical judicatories of that our kingdom, nor that the five 
articles of Perth, though discharged with our approbation, be con- 
demned as contrarv to the foresaid confession. As concerning- the 



198 The king's letter to the assembly. III. 7 — 

late assemblies, we cannot give our consent to have them declared 
null, since they were so notoriously our father (of happy memory) 
his acts : it seeming strange, that we having condescended to the 
taking away all these things that they complained of, which were 
done in those assemblies, they will not be content therewith, without 157 
laying an aspersion on our father's actions. Wherefore if the as- 
sembly will in despite of your endeavours conclude contrary to this, 
you are to protest against their proceedings in these points, and be 
sure not to ratify them in parliament. 

Concerning the yearly indicting of general assemblies, and the 
confession of faith, we commanded Hamilton in his of the 1 6th to an- 
swer that point to this effect : that we think it infinitely to our pre- 
judice that we should consent to tie ourself for the keeping yearly 
of their assemblies, not needing to repeat the reasons, they being 
well enough known to you ; seeing at Berwick it was conceived, 
upon debate of that point, that your having power to indict a new 
one within the year would save that dispute, which you are by all 
means to eschew. But if this will not give satisfaction, you are by 
no means to give your assent to any such act, nor to ratify the same 
in parliament. 

The article in your instructions which is only that the covenant 
1580 shall be subscribed, you must have an especial care of, and 
how you proceed therein : that the bond be the same which was in 
our father's time, mutatis mutandis : and that you give your assent no 
other ways to the interpretations thereof than may stand with our 
future intentions, well known to you : nor is the same otherwise to 
be ratified in parliament. 

Thus you have our pleasure fully signified in every particular of 
your letter, which you will find no ways contrary to our resolution 
taken at Berwick, and our instructions given to you there. But if 
the madness of our subjects be such, that they will not rest satisfied 
with what we have given you power and authority to condescend to, 
which, notwithstanding all their insolencies, we shall allow you to 
make good to them, we take God to witness, that what misery soever 
shall fall to that country hereafter, it is no fault of ours, but their 
own procurement. And hereupon we do command you, that if you 
cannot compose this business according to our instructions, and what 
we have now written, that you prorogue the parliament till the next 
spring ; and that you think upon some course how you may make 
publicly known to all our subjects what we had given you power to 
condescend to. And because it is not improbable that this way may 
produce a present rupture, you are to warn and assist Ruthwen for 



-io. Explication of the covenant — Episcopacy abjured. (1639.) 199 

the defence of the castle of Edinburgh, and to take in general the 
like care of all our houses and forts in that kingdom ; and likewise 
to advertise all such who are affected to our service, that timeously 
they may secure themselves. And so we bid you heartily farewell. 

8 The greatest point gained in the assembly was an expli- 
cation of the bond of defence, which was conceived in these 
words : 

We do swear not only our mutual concurrence and assistance for 
the cause of religion, and to the uttermost of our power, with our 
means and lives, to stand to the defence of our dread sovereign and 
his authority, in the preservation and defence of the said true religion, 
liberties, and laws of this kirk and kingdom ; but also in every cause 
which may concern his majesty's honour, we shall (according to the 
laws of this kingdom, and duties of good subjects) concur with our 
friends and followers in quiet manner or in arms, as we shall be re- 
quired of his majesty's council, or any having his authority. 

9 The clause about episcopacy was worded, that it was tin- 158 
lawful in this church. Upon this the covenant was presented 

to the commissioner and council on the 30th of August, with 
a desire that it might be signed, and it was accordingly done ; 
which was received with great joy, witnessed by bonfires and 
ringing of bells, and all the pulpits and streets were full of 
Traquair's praises. But his majesty was no way satisfied with 
this, as appears from the following letter : 

10 Charles R. 

Right trusty, &c. 
Your letter of September the 27th to Hamilton we have seen, and 
think fit to return answer thereunto ourself ; and the rather, because 
we find by yours that some points in the former letter were not so 
fully expressed, but that you desire more clear answers. First you 
say, that in all your directions it is condescended, that by act of as- 
sembly episcopacy should be declared unlawful in this kirk ; and that 
by all the capitulations of agreement and instructions given to you, 
that same is allowed to be ratified in parliament upon the foresaid 
terms agreed upon in the assembly. In this point we must tell you 
that you are much mistaken ; for though you have power for giving 
way to the abolition of episcopacy, as contrary to the constitutions 
of the church of Scotland ; yet you will not find, either in your in- 
structions or any other direction since sent you, that we have con- 
sented to declare the same unlawful : we making a great difference 



200 His majesty's letter to Traquair, with whom he is III. 10 — 

therein, for many things may be contrary to the constitutions of a 
church which of themselves are not simply unlawful ; for whatsoever 
is absolutely unlawful in one church cannot be lawful in the other of 
the same profession of religion, but there may be many several con- 
stitutions, and yet they all lawful. Therefore if I do acknowledge 
or consent that episcopacy is unlawful in the church of Scotland, 
though, as you have set it down in your consenting to the act, the 
word unlawful may seem only to have a relation to the constitutions 
of that kirk ; yet the construction thereof doth run so doubtfully, 
that it may be probably inferred, that the same function is acknow- 
ledged by us to be unlawful in any other churches in our dominions. 
Therefore as we totally disapprove of your consenting to the word 
unlawful, as well to the function as civil places and power of church- 
men, in the act of the general assembly ; so we absolutely command 
you not to ratify the same in these terms in the parliament, but only 
as contrary to the constitutions of that kirk ; and to declare that we 
ratify this act merely for the peace of the land, though otherwise in 
our own judgment we neither hold it convenient nor fitting ; which 
you are to declare at the ratifying of the same. And for the rest of 
your declaration in the assembly, to be registered in the books of 
council, for brevity's sake we send you herewith a copy of the same, 
as likewise that of the covenant, interlined in those places which we 
disapprove of, and conceive to be the contrary to your instructions, 
and some other directions. 

As we have formerly written to you, we cannot consent to the 
rescinding any acts of parliament made in favour of episcopacy ; nor 
do we conceive that our refusal to abolish those acts is contradictory 
to what we have consented to, or to that we was obliged to : there 
is less danger in discovering any future intentions of ours, or at the 
best letting them guess at the same, than if we should permit the 
rescinding those acts of parliament which our father with so much 159 
expense of time and industry established, and which may hereafter 
be of so great use to us. And though it should perhaps cast all 
loose, (as you express,) yet we take God to witness, we have per- 
mitted them to do many things in this assembly, for establishing of 
peace, contrary to our own judgment. And if on this point a rupture 
happen, we cannot help it ; the fault is on their own part, which 
one day they may smart for. So you have in this point our full 
resolution. 

We likewise wrote formerly to you, that we thought it not fit at 
this time that the power of the lords of the articles should be de- 
fined, and that you are to avoid the same, and to be sure not to con- 



— ii. displeased. — The parliament sits in Scotland. (1639.) 201 

sent thereunto. Now your last letter gives us ground to repeat the 
same again, and to declare to you, that we remain in our former 
opinion. 

And whereas you say, that it is to no purpose to vex us with all 
the indiscreet and mad propositions that are made, since they go 
about not only to reform all pretended abuses, of what nature soever, 
but to constitute and define the power of all judicatories from the 
highest to the lowest, and that you are like to agree in few or none 
of the general acts : if you find that what we have commanded you 
to do is likely to cause a rupture, their impertinent motions give you 
a fair occasion to make it appear to the world that we have con- 
descended to all matters which can be pretended to concern con- 
science and religion ; and that now they aim at nothing but the 
overthrow of royal authority, contrary to all their professions, which 
we can neither with honour nor safety suffer. And therefore we 
hope and expect, that if a rupture happen, you will make this appear 
to be the cause thereof, and not religion, which you know not only 
to be true, but must see it will be of great advantage to us, and 
therefore must be seriously intended by you. 

We have no directions of new to give you, concerning the mar- 
quis of Huntley, sir Donald Mackdonald, or any others to whom 
malice is carried for their zeal for our service, but again recommend 
them to your care. 

What hath passed betwixt yourself and the earl of Argyle, we 
have heard nothing of; but we are easily induced to believe that 
what you wrote of his undutiful carriage is true, and that you will 
easily make it appear, to which we will give no unwilling ear. 

Thus you have your last letter answered, with what for the pre- 
sent and on such a sudden hath come into our thoughts : and so we 
bid you farewell. 

Whitehall, Octob. I, 1639. 

11 The parliament sat at Edinburgh the day appointed, but 
their actings can only be overly related, they being too re- 
mote from the marquis's story; so that only such generals 
are to be hinted as occur among his papers. They consented 
that for that time Traquair (as commissioner) should name 
those lords of the articles that were for the nobility, who 
should have been named by the bishops; but protested it 
should be no precedent for the future. And they went roundly 
to take away the lords of the articles totally, and were fram- 
ing all their acts at the rate of the assembly. But Traquair, 



Traquair incites the king to a new war. III. n — 

finding he could not hold pace with them, and keep close to 
his instructions, to the letter of which he resolved to adhere, 
did on the 30th of October prorogue the parliament to the 
14th of November next. The covenanters, though they re- 
solved not to sit till the day to which it was prorogued, yet 
protested against the legality of any prorogation without con- 
sent of parliament, and sent up the earls of Dumfermline and 1 60 
Lowdon with the acts of the assembly to the king, desiring 
he would order his commissioner to give way to their ratifica- 
tion in parliament, as also to purge themselves of any mis- 
representations the king might have received of their actions. 
» They came to London on the 8th of November : but his 
majesty resolved not to see them, since they came from Scot- 
land without his commissioner's warrant ; wherefore they were 
commanded presently to return home. They sent a letter to 
the marquis, (for he would not see them,) desiring him to 
interpose for procuring them a hearing, and that they might 
not be condemned unheard ; whose answer was, that the 
order which the king had sent them was upon mature de- 
liberation, and that nothing remained for them but obedience : 
so they returned. And the king ordered Traquair to pro- 
rogue the parliament (proroguing and adjourning are all one 
in Scotland) to the 2d of June next, and to come up and 
give an account of affairs : which accordingly he did, but got 
a cold reception, the king being highly displeased with his sub- 
scription of the covenant, as was before marked. But he 
complained that he could have no assistance from them to 
obtain any thing if he had not done that, and that it was 
impossible to prevail with these people, except by force or 
by a total compliance. The bishops failed not to take ad- 
vantage at this trip of his, to pursue him with much eager- 
ness, and he to recover himself was the more earnest to press 
the king to a new invasion ; assuring him that Ruthwen was 
so strong in the castle of Edinburgh, that he would teach 
them their duty, and was very formidable to them. He also 
furnished the king with a great many grounds for justifying 
his following procedure against them ; a chief one being a 
letter he had got, which the covenanters had written to the 
French king, desiring his protection and assistance, which 
was high treason by the law of Scotland, as being a treaty 



— 14- The earl of Lowdon is committed to the Tower. (1639.) 203 

with a foreign prince without the king's permission. And 
upon these grounds it was that the earl of Traquair was after- 
wards pursued as the grand incendiary. 

13 The marquis saw there was too much ground for his ma- 
jesty's resentments, either to contradict or condemn them ; 
but that which grieved him was, that he saw not a way how his 
majesty should be able to defray the expense of a war without 
calling a parliament in England, which was no less formidable 
to the court than the covenanters in Scotland, they foreseeing 
what followed. 

14 At this time the covenanters sent up their petition to his 
majesty by one Cunningham, desiring permission to send some 
of their number for their own vindication : which his majesty 
granting, the earls of Lowdon and Dumfermline were again 
sent up. But Lowdon, being accused of that letter to the 
French king, was committed to the Tower. Yet he vindi- 
cated himself; first, that the letter was not finished, and had 
neither date nor direction, since that which was on the back 
of it (Au Roy) was added afterwards, and by another hand; 
next, that it was written before the pacification, and so was 
buried by the oblivion ; that it was never sent, and that it 
was designed only that the French king should interpose and 
mediate for them. Upon all this he offered himself to a strict 
trial by his peers in Scotland : but added, that he being sent 
by the states of Scotland, and come upon his majesty's war- 
rant, was first to be returned a freeman thither, and there- 
after to be accused and tried. This accident troubled the i6~j 
marquis extremely, for he knew it would raise clamours 
against his majesty's justice, among those who were inclined 

to misconstrue his actions : and indeed it was highly resented 
by the Scottish lords, as a violation of the law of nations to 
meddle with any public messenger : but the king judged no 
consideration could warrant his subjects to commit treason, 
nor secure them from trial and censure when found guilty. 
There were some ill instruments about the king, who advised 
him to proceed capitally against Lowdon, which is believed 
went very far ; but the marquis opposed this vigorously, as- 
suring the king, that if that were done, Scotland was for ever 
lost. They would then have somewhat to pretend against so 
much as petitioning and treating : besides, it was against the 



204 A nevj war with Scotland, III. 14 — 

laws of Scotland to proceed against a Scottish peer for a 
crime committed in Scotland, but by the peers of Scotland. 
And after all this he assured his majesty that he knew few 
of the covenanters who might be more able to serve the 
king's interest, and could be more easily gained, than Low- 
don. And the truth was, that letter was signed by six of the 
covenanting lords, but being put in the hands of the lord 
Maitland to sign it, (as he told the writer,) he found it was 
false French ; and so it was laid aside for that time, and 
never again taken into consideration : but one taking up the 
letter brought it to Traquair. His majesty, being of himself 
both just and good, did reject those cruel counsels, as hurtful 
to his service : yet Lowdon continued prisoner for some 
months : his enlargement shall be mentioned in its proper 
place. 
15 But how to proceed in the public affairs was a hard chap- 
ter. Which way the counsels were taken this winter doth 
not appear to the writer but from the effects. Only the 
marquis was full of apprehensions, foreseeing that it would 
be impossible for the king to do much without a parliament 
in England, and subsidies granted by it ; but they had reason 
to think the parliament would begin with grievances before 
they went to subsidies ; and if their inquiring into the former 
proved long and fierce, as it would protract the king's supply, 
it might also breed irritations and heats, and end in a rup- 
ture, without relieving the king. Neither could much be ex- 
pected from a loan of money : most of the cities (London 
especially) were not well affected to the court, and so were 
like to prove backward and narrow ; and all might be pro- 
mised from that, was, to put off one summer : but the Scottish 
storm was like to lie longer. Besides, he believed that if the 
loan of money went through, the Scots would think that 
a good reason for their entering into England, to make the 
northern countries the seat of the war, which would prejudice 
the king's service in England. All this he foresaw well, and 
therefore was racked with perplexity : only he was not doubt- 
ful what to do himself, resolving to follow the king's interests 
on all hazards : and in these consultations this year ended. 



-17. where great preparations are made. ( 1 640 . ) 205 

Anno 1640. 162 

16 In Scotland they begun again to prepare for a new war : 
and the ministers this year were likewise very busy, taxing 
the king, as having violated the late pacification, because way 
was not given to all their acts. Besides, it was preached in 
the very pulpits of Edinburgh, that the king had caused burn 
at London, by the hand of the hangman, the articles of the 
treaty at Berwick. This was founded on the censure was put 
on the paper spoke of last year, which they gave out as the 
conditions of agreement; and was burned by order of the 
council of England, upon the declaration made by all the 
English lords who were on the treaty, that no other articles 
were agreed upon beside the seven above mentioned : yet 
this took with the people. Next, they laid on great taxes 
for paying the last year's debts, and defraying the expense 
this year was like to draw on : and for procuring of money, 
they fell on a new device, to cause the ministers exhort all to 
lend liberally for the service of the cause ; which they did with 
so much art and zeal, that the women came and brought in 
their jewels, rings, and plate. However, much money was not 
got that way, and all was far short of what they needed : 
therefore divers of the most zealous of the lords, chiefly the 
earls of Eothes and Cassils, did give bonds for great sums of 
money, and one Dick, a rich citizen of Edinburgh, was got to 
lend them many thousand pounds. 

17 In February the earl of Sterling the secretary died, for 
whose place the king made choice of the marquis's brother, 
lord William, whom he created earl of Lanerick. It was in- 
deed the king's choice, for neither had the marquis moved it 
nor himself pretended to it. The earl of Lanerick did act so 
considerable a part in affairs after this, that methinks their 
history should be as little divided, as their counsels and affec- 
tions for the king's service were : and therefore as Lanerick's 
actions come in my way they shall not be passed over in 
silence. Being made secretary, his first care was to inform 
himself of all that belonged to his place and duty, in the dis- 
charge whereof he resolved neither to spare labour or in- 
dustry, that thereby he might supply the defect of his years, 
which were then but four and twenty. 



206 State of affairs in Scotland. III. 1 8 — 

1 8 But to go on with the series of the story, the king went on 
carefully with his preparations : only the charge of a fleet was 
so great, that he could not think of it this year, but sent out 
as many ships as stopped the Scottish trade. And finding 
how ill he had been served by his lieutenant-generals the 
former year, and confiding both in the valour, fidelity, and 
conduct of the earl of Strafford, then lord-lieutenant of Ire- 
land, he was called over to be lieutenant-general in this 
expedition: and the marquis was designed colonel of the 
king's regiment of guards. 

19 In Scotland they were gathering money, bringing in more 
arms, and fortifying suspected places, few resisting them, ex- 
cept Huntley in the north and Niddisdale in the south ; but 
the latter was able to do little. The marquis had divers 
letters from my lord Lindsay, which are yet extant, com- 
plaining of the preparations they heard were making against 
them : that officers for the army were already named, money 
was gathering ; not only Berwick and Carlisle were fortified, 
but Edinburgh castle and Dumbriton also had new men put 

in them, and Englishmen were put in the former; where- 163 
upon they were forced to resolve on hazarding the utmost for 
the defence of religion and liberties, and that all were con- 
tributing very liberally, and knew of good friends, both in 
England and abroad ; wherefore he assured him, if things 
went to extremities, they would not end so well as they did 
last year. And he besought him that he would prove a good 
instrument betwixt the king and the country, protesting, that 
for his own part nothing next to religion went so near his 
heart as the king's service. In end, he conjured him not 
to accept of any new service, if it went to an open breach, 
assuring him he would be ruined if he did ; telling him that 
God had provided a relief for them beyond their expectation. 
The marquis carried all these letters, as he got them, to his 
majesty, and by his command wrote the following answer : 

20 My Lord, 

I received yours of February, wherein you endeavour to let me 
see the hazard that his majesty may run, if he take not a peaceable 
course with his subjects of Scotland, which you say I am reported 
to be no adviser of ; as likewise the unavoidable ruin that will befall 
me, in case of my accepting of any employment against them. 



— - 20. The marquis's letter to lord Lindsay. ( 1 640.) 207 

The arguments that you use are, the resolutions of your own peo- 
ple, and the assistance that you will have elsewhere,, the particular 
way you forbear to write ; yet you say, that God hath provided it 
beyond your expectation ; and as it was beyond your expectation, 
so it is still beyond my belief. My reasons you shall have anon. But 
first I will say somewhat concerning- myself. 

Know then, brother, for a truth, that I heartily pray a curse may 
follow him and his posterity that doth not endeavour and wish that 
these unhappy troubles may be composed in a fair and peaceable 
way. God, who knoweth the secrets of all men's thoughts, can 
bear me record, with how much care, pains, and zeal I have endea- 
voured that ; and I promise you, I shall as faithfully continue in 
that course as ever man did in any resolution which was with rea- 
son grounded in his heart : how few either believe or know this, I 
care not, for I have laid my account long since, and am resolved on 
the worst that can befall me. And for your further satisfaction, 
know, that nothing can grieve me more in this world than to be 
sent in any hostile manner against my friends, kindred, and country; 
where at the best, though I may merit something from his majesty, 
(to whose goodness I owe much besides the duty of a subject,) yet I 
shall never be called other than the destroyer of them ; and what 
cause of sorrow this will be to a kind-hearted Scotchman, I leave 
you to judge. Therefore I assure you, that if either my industry, 
entreaties, nay prayers, prevail, no such charge will be imposed on 
me, my inclinations having always led me in this rather to follow 
your advice, and absent myself, in case things come to the worst, 
than to accept of that employment ; though I must tell you, it may 
bring along with it his majesty's displeasure, and so, consequently, 
certain ruin. Yet I do intend to put that to the hazard, and if it 
happen, I will have the vanity to say, it will neither prove advan- 
tageous to the country, nor to those in it, who once did me the 
honour to esteem me their friend. To conclude this point, consider, 
if a navy come, probably I must be miserable ; for what can I gain 
by it ? if employed, a discontented life ever hereafter. If the king 
should impose the charge on me, and I refuse it, what the better 
would you be ? an abler would be employed in it, and I need never 
look for his majesty's favour thereafter, and without that in his 164 
kingdom will I never live. If I had no other reasons but these, 
(but I could write you forty more,) consider if I have not cause to 
endeavour peace, and, believe me, I will do it. 

For the danger that his majesty will run if he enter into this war, 
I do acknowledge with you it may be great ; but that certain ruin 



The marquis's letter to the lord Lindsay. III. 20 — 

must follow, I cannot confess : yet I must say, that his gain will be but 
small, when he hath got that by force which is his, or ought to be 
his already. But what remedy ? He conceiveth a kingdom to be 
lost, and two will be hazarded to regain that, if they continue in the 
course they are in. 

For the assistance you mention God hath provided for you else- 
where, that is conceived to be used as an argument to fright us : 
for from whence can it come ? 

From a party in England ? Trust not to that, nor give credit to a 
few factious spirits, with whom perhaps correspondence may be kept. 
From France ? Reason and the knowledge of their affairs make us 
confident, that no great matter can come from thence : reason, for 
they will not assist the rebels (for so you will be called) of a king 
for example's sake ; and the necessity of their affairs, for we know 
they have enough to do elsewhere. 

From Sweden ? Though they perhaps be willing, yet it is known 
they have not men to do it in these parts. 

From Holland ? The body of that estate hath by their public minis- 
ters disallowed your actions, and hath given assurance that they will be 
far from either giving countenance or assistance to you : what private 
men may do by way of stealth, is little regarded or to be esteemed. 
Thus I freely write what is thought of the assistance you are like 
to get from abroad, of which opinion I shall still be, unless you can 
make it more clearly appear. Therefore I will use the old proverb to 
you, Beware that your stout hearts make not your heads dry a gutter, 
and make you neglect the receiving of his majesty's pleasure with 
all thankful obedience, which, for any thing I know, nay I durst 
swear, will be no other than stands with the true protestant religion 
and the laws of the kingdom. What pity is it then that these mis- 
takes should continue ? but how much more will it be, that they 
should increase to a bloody war ! If all amongst you would rightly 
consider what true religion and piety is, and lay that only before 
their eyes, there are yet not only good hopes but certain assurances 
of a peaceable conclusion of those unhappy troubles ; and as you 
have advised me, so let me you, (which perhaps may be the last 
time that on this subject I shall write to you,) endeavour peace, 
which if gained, the effusion of much Christian blood will be saved, 
the country preserved, Scotchmen esteemed valiant, just, and loyal, 
not only in this kingdom, but through all Europe, and no man hap- 
pier than 

Your now much troubled and affectionate brother, 

Hamilton. 



-23. Grounds of the covenanters' confidence. (1640.) £09 

P. S. — For answer to your postscript, I am not in despair but to 
bring it to a good pass, if your own carriage do not roar it ; for his 
majesty is content to sign the signature, but it is to remain in my 
hands, and not to be delivered except your carriage do deserve it, 165 
as well as Crawford's, who knows not as yet how far his majesty 
hath condescended. This letter is not fit to be long keeped, there- 
fore it will not be amiss it be burnt. Let me hear from you with the 
first occasion, and thereafter I care not how seldom, if matters come 
to the worst. 

Since the writing of this, the letter which Rothes wrote to the 
chamberlain by Dumfermline was this day publicly read at council- 
board, his majesty being present : it hath produced contrary effects 
to what (I believe) he expected, for not only doth the chamberlain 
swear that there is not one true word in it, but hath beseeched his 
majesty that Rothes may be called to an account for the traducing 
of him in so high a nature, (to use his own words,) nay to make him 
(if it were in his power) appear to be a greater traitor than himself. 
js In a word, the whole table was much scandalized with the letter, 
and no ways satisfied with the writer of it, even though it had been 
all as he expressed. 

I profess I have loved Rothes, and am sorry when any misfortune 
befalls him ; and likewise I thought fit to mention this, that you may 
see what those of this country will do when it comes to an issue ; 
therefore I hope not only he but the whole country will take example 
by this, and grow wise while there is time. 

21 This letter he carried to the king, and at the end of that 
copy he retained, yet extant, his majesty with his own hand 
wrote, 

1 have perused this letter, and have not only permitted, but com- 
manded that it should be sent. 

Whitehall Charles R. 

2 March, 1639. 

22 This is set down to shew what his correspondence with his 
nearest friends was, and how warranted by his majesty. 

2 3 But that the reader may not be wholly in the dark about 
the grounds of this confidence the covenanters had, I shall 
set down what I had from some persons of great honour, who 
were fully informed about it. When the earls of Dumferm- 
line and Lowdon came to London, a person of quality of the 
English nation (whose name is suppressed because of the 
infamy of this action) came to them, and with great vehe- 

Hamilton. p 



210 A short parliament in England. III. 23 — 

mence pressed them to engage in a new war, and among 
other motives brought them engagements in writing from 
most of the greatest peers of England, to join with them, and 
assist them when they should come into England with their 
army. This did much animate them, for they had not the 
least doubt of the papers brought them. But all this was 
discovered at the treaty of Rippon to have been a base for- 
gery: for there the Scottish lords looking very sullenly on 
some of the English lords, as on persons of no faith or truth, 
the lord Mandevil came to the earl of Rothes, and asked the 
reason of that change of their countenance and behaviour in 
them, who, after some high reflections, at length challenged 
him and the other lords of not keeping what they had en- 
gaged to them. Upon which that lord stood amazed, and 
told him, and so did the other lords there, that they had sent 
no such messages nor papers to them, and that they had been 166 
abused by the blackest imposture that ever was. Thus it 
appeared how dangerous it may be to receive some things 
that seem to have the highest probabilities in them easily and 
upon trust. 
2 4 In April following the king called a parliament in England ; 
but they begun with their grievances, in which they rose to so 
high a strain, that after twenty days sitting the king by ad- 
vice of his council dissolved them : but the hopes of money 
from the parliament failing, the next course was to try what 
could be drawn by loan ; and for good example the council- 
lors subscribed for near two hundred thousand pounds ster- 
ling. What the marquis's part was in this I should have 
willingly concealed, judging fit that his story should be as spar- 
ing in relating it, as himself was modest in not boasting of it : 
but Sanderson, and some other malicious or ignorant pens, 
who say, that he pretended poverty ', and subscribed for none, 
force me to free him of that calumny, by a true relation of 
what his duty to the king cost him at this time. He sub- 
scribed for ten thousand pound sterling, and laid down eight 
thousand of it presently in gold : likewise in August following 
at York he again subscribed, and laid down six thousand and 
three hundred pounds : for both which he had tallies struck. 
Besides this, when he served as commissioner in Scotland in 
the year 1638, he got no payments made him; ten thousand 



— 38. Ruthwen a terror to the covenanters. (1640.) 811 

pounds sterling was allowed him, of which he had not received 
a farthing : and besides the great expense he was at in that 
service, he laid that year out of his own money about five 
thousand pounds sterling on the king's account. And thus 
in the space of four years he advanced to the king near thirty 
thousand pounds sterling, and this was in a time when the 
advantages he had by his places and pensions were (through 
the necessity of the king's affairs) dried up. 

25 But since I was forced to say this, I must not conceal his 
majesty who now reigns his justice and goodness to his 
heiress, in repaying the sum contained in those tallies, to- 
gether with the other royal effects of his favour, which they 
have felt in the repayment of the Scotch debt. 

26 This is said once for all, and all this was little reckoned of 
by him, who was ready to hazard both life and fortune for his 
majesty's service, acknowledging that it was just, since he and 
his ancestors owed so much to the king and his progenitors' 
bounty, that all he had should be spent in his service. 

2 7 The covenanters in Scotland were beginning to look to 
themselves, and fearing Euthwen, who was in the castle of 
Edinburgh, they required him to obey their orders : but he 
told them he had his trust from the king, and would acknow- 
ledge no commands but his ; whereupon they blocked him up. 
He might easily have done them much mischief, but his 
orders were to hold himself most on the defensive, and to 
amuse them, but not to break out to open hostilities, within 
which limits he contained himself. 

28 The second of June came, which was the day the parlia- 
ment was to set : but the king had sent down an order to the 
justice-clerk for proroguing it, and he was to carry along 
with him in this affair the assistance of the king's advocate, 
who was at this time confined, to his house in Fife by the 
king, upon pretence of some petty malversation in his office, 
but really because of his adhering to the covenanters too much. 
The king's advocate was glad both of being delivered from 167 
that disgrace, and for being honoured with the employment. 
But to clear the method in which he intended to proceed to 
make this prorogation legal, I must look back a little. When 
Traquair got his commission under the broad seal, there was 
another commission given under the quarter seal to the lord 

p 2 



212 The parliament in Scotland persists in sitting : III. 28 — 

Elphinstown, the lord Napier, the king's advocate, and the 
justice-clerk ; these, or three of them, were empowered to act 
as commissioners in Traquair's absence, and upon his orders. 
Therefore the king's advocate judged it needless to fill up a 
blank that was sent down to be made use of, if need were, to 
make the prorogation legal ; but resolved to require one of 
the other two ? to concur with the justice-clerk and himself in 
the prorogation, which was to be done after the parliament 
was fenced : therefore they provided the persons necessary for 
fencing of it, (a ceremony they use in the beginning of a 
session,) who are the constable, the marshal, the provost of 
Edinburgh, the sheriff of Lowthian, and a doomster ; and if 
any of these be absent, the king must name others for their 
service that day. So the members of parliament being met, 
the king's advocate required the lord Elphinstown, who was 
first in the commission, to go up with them to the throne, for 
executing the king's commands ; who having read the com- 
mission, found their power was only to act by the commis- 
sioners' order, and therefore called for Traquair's warrant. 
The king's advocate answered, that as when the king is pre- 
sent a commissioner's power of itself expires, so also when his 
warrant is produced there is no need of one from his com- 
missioner. But Elphinstown stood on the letter of the com- 
mission, and so found he was not legally warranted to do it. 
That same was the lord Napier's answer, who was also of the 
commission, and so the king's advocate and the justice-clerk 
could do nothing but take instruments. Many imputed this 
to the king's advocate's juggling ; but he vindicated himself 
solemnly, which is extant under his hand, with a long narra- 
tive of this whole affair sent up by him to the king. However 
the effects of this error were great ; for the members voted 
themselves to be in a parliamentary capacity, as being sum- 
moned by the king at first, and again adjourned to this day: 
whereupon they proceeded to the enacting of what they had 
designed the former year ; and their acts, though of great 
importance, yet meeting no opposition, were quickly despatch- 
ed : all which, with a prologue and epilogue of two high de- 
clarations, were sent in the packet to the earl of Lanerick, 
with the following letter written by a committee of lords they 
had left to sit at Edinburgh : 



— 29- and sends a letter to Lanerick. (1640.) 213 

29 Right honourable, 

It is not unknown to your lordship with what difficulties this 
kingdom hath wrestled this time past, in asserting their religion and 
liberties against the dealings of bad instruments with his majesty to 
the contrary. The means which they have used have been no other, 
but such as they humbly petitioned and obtained from his majesty, 
a free national assembly and parliament. The assembly went on in 
a fair way, and was closed with the liking and full consent of his 
majesty's commissioner ; but the parliament indicted by his majesty 
was prorogated till the reasons of the demands of the estates were 
rendered to his majesty : which having done by their commissioners, 
they kept the second of June (the day appointed by his majesty) for the 
sitting of the parliament. And after diligent inquiry, hearing nothing 168 
from his majesty nor his commissioner, neither by their own com- 
missioners, or any other sent from his majesty, which might hinder 
the parliament to proceed to the settling of their religion and liberties, 
after mature deliberation and long waiting for some signification of 
his majesty's pleasure, they have all with one consent resolved upon 
certain acts, which they have judged to be most necessary and con- 
ducive for his majesty's honour and the peace of the kingdom, so 
far endangered by delays, and have committed to us the trust to 
shew you so much ; and withal to send a just copy of the acts, 
that by your lordship (his majesty's principal secretary for Scotland) 
they may be presented to his majesty. The declaration prefixed to 
the particular acts, and the petition in the end, contain so full ex- 
pressions of the warrants of the proceedings of the estates, and of 
their humbly continued desires, that no word needs to be added by 
us. We do therefore in their name (according to the trust committed 
to us) desire your lordship, (all other ways of information being 
stopped,) with the presenting of these acts of parliament, to represent 
unto his majesty, against all suspicions, suggestions, and tentations 
to the contrary, the constant love and loyalty of this kingdom unto 
his majesty's royal authority and person, as their native king and 
kindly monarch ; and that they are seeking nothing but the esta- 
blishing of their religion and liberties under his majesty's govern- 
ment, that they may still be a free kingdom to do his majesty all the 
honour and service that becometh humble subjects : that their ex- 
tremity is greater through the hostility and violence threatened by 
arms, and already done to them in their persons and goods, by castles 
within, and ships without the kingdom, than they can longer endure : 
and that as his majesty loveth his own honour, and the well of this 
his ancient kingdom, speedy course may be taken for their relief and 



SI 4 The king is highly offended with the covenanters. III. 29 — 

quietness ; and that if this their faithful remonstrance (which, as the 
great council of the kingdom, they found themselves bound to make 
at this time for their exoneration) be passed over in silence, or 
answered with delays, they must prepare and provide for their own 
deliverance and safety. We are very hopeful that your lordship 
(as a good patriot, and according to the obligement of your place) 
will not be deficient in that duty for your native country, and send 
us a speedy answer, as we shall in every duty be careful at all occa- 
sions to shew ourselves 

Edinburgh, Y our lordship's humble servants, 

17 June, 1640. r 

Signed, 
Balmerino J. Murray Ed. Eggar 
Burghly J. Hamilton Tho. Paterson 

Napier G. Dundas Ja. Sword. 

Thomas Hop J. Smith 

30 The covenanters did also sign a bond among themselves for 
adhering to these acts, and prosecuting of those who had been 
the incendiaries from the beginning of these stirs, the marquis 
and Traquair being the chief of them. 

31 But all this gave great offence at court, the king looking 
upon it as a bolder attempt than any yet made, which struck 
at the root of his authority, and overturned the fundamental 
laws of Scotland ; and therefore he judged himself bound to 
repair this affront with the sword God had put in his hands. 169 
At this time the marquis got the following memorial sent him 
from my lord Lowdon, out of the Tower of London, written 

all with Lowdon's hand, and yet extant. 

32 Memorandum for the Lord Lowdon, 

To speak to the marquis of Hamilton, that according to that in- 
terest of blood, and the confidence which the lord Lowdon reposeth 
in him, his lordship may be pleased to intercede seriously with the 
king, that his majesty may be graciously pleased to consider of the 
petitions and informations which have been tendered to his majesty 
from the lord Lowdon, and for him from Scotland, which do abun- 
dantly clear his innocency concerning that French letter, in respect 
of the time and occasion of writing that letter, the letter itself being 
only for mediation and intercession, as is clear by the instructions 
yet extant, to have been sent with that letter, which are the true 
commentary of the letter. The letter itself was never sent nor used, 
but rejected, and no other letter sent. It was written long before 



— 33* Lowdon moves for his enlargement. (1640.) £15 

the pacification, svherein his majesty was graciously pleased to pass 
all preceding deeds in oblivion. 

The lord Lowdon came hither upon his majesty's own warrant, 
which is sufficient for his indemnity and return, till he be exhonoured 
of his employment. He came from the parliament with commission 
from them to shew his majesty the reasons of their demands, trusting 
confidently in his majesty's justice and goodness, and with most 
loyal affection and ardent desires to have given his majesty satis- 
faction, and to have returned with no less fidelity and forwardness 
in carrying and pressing his majesty's royal and just commands, 
during which time he could expect nothing less than that he would 
be called in question for a prior deed ; all which are most manifest 
by the petitions and informations presented to his sacred majesty. 

Therefore I most humbly beseech, that his majesty may be gra- 
ciously pleased to consider of the former petitions and true infor- 
mations, which being pondered in the balance of his majesty's 
righteous judgment, I am most confident my innocency will appear 
clearly to his majesty, and that I will find such a speedy delivery as 
may give demonstration to the world of his majesty's justice and 
goodness, and as may, not only from the conscience of my duty, 
but likewise from the sense of his royal benignity, encourage me ever 
to contribute my best endeavours for furthering of his majesty's 
service. 

And if his majesty be not fully satisfied with my humble petitions 
and true informations of my innocency and loyalty, but doth notwith- 
standing thereof harbour any opinion of my disloyalty, or casting off 
my dutiful obedience and subjection to his majesty, or offering sub- 
jection to any other king or potentate in the world, I am content to 
undergo the most exact trial which is agreeable to the laws of that 
kingdom by which only I ought to be judged, rather than lie under 
such a heavy imputation, which to me (who am conscious of my own 
innocency, and of my most tender and humble duty towards his 
majesty) is more grievous than my sufferings, which can only pre- 
judice and hurt me and my private estate, but can no ways conduce 
for advancing of his majesty's service, but rather be a hinderance 
to the accommodation of affairs ; whereas my liberty or lawful trial 
will serve for the illustration of his majesty's justice to the world, 
and will make his subjects without fear of danger to tender their 
humble suits and remonstrances at the throne of his royal justice. 
33 Upon this the marquis pressed the king much for my lord 1 70 
Lowdon's enlargement, since the covenanters made great noise 
with it in all their complaints, and pretended that they durst 



216 The marquis, hy the king's order, III. $$■ 

send up no more commissioners ; and therefore they sent their 
acts in the packet. 

34 He did also shew his majesty, that he knew by the lieutenant 
of the tower that Lowdon was very fearful : wherefore he de- 
sired permission from the king to try what this fear could draw 
from hint, and to see if his enlargement, with the hopes of a 
noble reward, could engage him to the king's service ; which 
(if obtained) might prove of great advantage ; since the irri- 
tations he had received would make his advices less suspected 
in Scotland. His majesty approving this, he treated with 
Lowdon, and found him abundantly pliant : and so on the 
26th of June he agreed with him on these terms, which he 
got under Lowdon's hand, in two papers yet extant. 

35 I. The lord Lowdon doth promise to contribute his faithful and 
uttermost endeavours for his majesty's service, and furthering of a 
happy peace, and shall with all possible diligence and care go about 
the same., and shall labour that his majesty's subjects of Scotland 
may in all humility petition, that his majesty may be graciously 
pleased to authorize a commissioner with full power from his majesty 
to establish the religion and liberty of that his majesty's native and 
ancient kingdom, according to the articles of pacification, and that 
by a new convening or session of the parliament, without cohesion 
or dependence on what hath been done by themselves without his 
majesty's presence, or of a commissioner to represent his majesty's 
royal person and power. 

II. That if there be not an army already convened in Scotland in 
a body, he shall endeavour that they shall not convene nor come 
together during the time of treaty, in hope of accommodation ; and 
if they be already convened in a body before his return, he will 
labour that they may dissolve and return to their several shires, or 
dispose so of them that they remain not in one body, as may best 
evince that they intend not to come into England ; but may carry 
themselves in that respective way, as may best testify their duty to 
his majesty and their desires of peace. 

III. That if general Ruthwen shall happen to become their prisoner, 
they may (as a testimony of their desire to shun every thing which 
may provoke his majesty's displeasure) preserve him. and that the 
lord Lowdon will shew how far he is engaged for his safety. 

IV. That when affairs shall be brought to a treaty in parliament, 
and that his majesty shall be graciously pleased to settle the religion 
and liberties of the kingdom according to the articles of pacification, 



^37* treats with Lanerick. (1640.) 217 

he will endeavour that the king's authority shall not be entrenched 
upon nor diminished, that they may give a real demonstration to the 
world how tender and careful they are that his majesty's royal power 
may be preserved both in church and state. 

V. That what is done or imparted to the lord Lowdon concerning 
his majesty's pleasure shall be kept secret, and not revealed to any 
here, further than his majesty shall think expedient. 

That the lord Lowdon shall (as soon as conveniently he can) re- 
turn an account of his diligence. 

36 There was given with this another paper, which follows : 171 

Memorandum of what passed betwixt the marquis of Hamilton 
and me, 26 June, 1640. 

I. Because no great matters can be well effectuated without trusty 
fidelity, and secrecy; therefore it is fit that we swear fidelity and 
secrecy to others, and that I shall faithfully contribute my best en- 
deavours for performance of what I undertake ; and that my lord 
marquis do the like to me. 

II. Our desires and designs do tend mainly for preservation of 
religion, laws, and liberties of the kingdom, the king's honour, and 
of his royal authority, and for establishing of a happy peace, and 
preventing of wars ; and we are to advise and resolve upon such 
ways and means as may best conduce for these ends. 

III. If (after using of our utmost endeavours) it be not God's will 
that we may be so happy as to obtain such a peace in haste, as may 
content the king and satisfy his subjects, till differences draw to a 
greater height, and beginning of wars, to resolve what is fit to be 
done in case of such an extremity, for attaining a wished peace, 
and to condescend what course we shall take for keeping of cor- 
respondence. 

If my endeavours and service (which doubtless will put me to a great 
deal of expense and pains) shall prove useful for his majesty's service 
and honour, and the good of the kingdom, which are inseparable, 
the marquis will intercede really, and employ his best endeavours 
with the king, to acknowledge and recompense the lordLowdon's 
travels and service in such manner as a gracious king and master 
should do to a diligent and faithful servant. 

37 Upon this Lowdon was enlarged next day, and permitted 
to go down to Scotland; but those who did not know the 
secret of this, thought the king had weakened himself much 
by letting go an hostage of such importance : and this gave 



218 Lanerick's answer to the committee 1^-37 — 

new suspicions of the marquis's tamperings with the cove- 
nanters. 

3 8 His majesty commanded the earl of Lanerick to write by 
the lord Lowdon the following answer to the letter sent up 
by the lords of Scotland with the acts they had lately 
passed. 

39 My Lords, 
By my former, of the date the 23rd of June, his majesty was 

pleased to promise by me, to let you know within few days his 
further pleasure concerning those proceedings and desires of the 
noblemen and barons and burgesses, which you sent me to be pre- 
sented to his majesty ; whereupon he hath now commanded me to 
tell you, that the not proroguing of the parliament in a legal and 
formal way was not for want of clear instructions, and of full and 
ample power from his majesty, he having fully signified his pleasure 
to those whom he did intrust with the executing thereof, not 
thinking it fit to employ other servants of greater eminence, by 
reason of the disorders and iniquities of the times : and as forced by 
the importance of his other great and weighty affairs, he was neces- 
sitated to prorogue the parliament for some few days, so did he most 
really intend to perform at the time prefixed whatsoever he had 
promised by the act of pacification. But neither can the neglect of 
his servants, (if any be,) nor those other reasons alleged by the 
foresaid noblemen, barons, and burgesses, in their declaration for 173 
their sitting, satisfy his majesty for their proceeding in a par- 
liamentary way ; since, by the duty and allegiance of subjects, they 
are bound to acknowledge in a most special manner his transcendent 
power in parliaments ; and if subjects there do assume the power of 
making laws, and of rescinding those already made, what act can be 
done more derogatory to that regal power and authority we are all 
sworn to maintain ? Therefore his majesty conceives they cannot in 
reason expect he can interpose his royal authority to these or any 
other acts whatsoever, whereto neither he in his own royal person 
nor by his commissioner did assist. Yet such is his majesty's cle- 
mency, that when they shall take such an humble and dutiful way 
as may witness that they are as careful and tender of his majesty's 
royal power, as they are desirous of his approbation, then shall it be 
time for them to expect such a gracious and just answer, as may 
testify his majesty's fatherly compassion of that his native kingdom, 
and his pious and princely care of performing whatsoever is necessary 
for establishing their religion and laws. So thus having imparted 



-4i. in Scotland. Their reply. (1640.) 219 

unto you all that was enjoined ine by Lis majesty, I shall say no 
more from myself, but I am 

Whitehall, » 7 ft of Your lordship's humble servant, 

June, 1640. Lanerick. 

40 My lord Lowdon found matters at so great a height, that 
he was able to do little more than give intelligence that he 
delivered the letter to the lords at Edinburgh, who returned 
to it the following answer : 

41 My Lord, 

We received your lordship's letter of the 27th of June, from the 
lord Lowdon, whose relief out of prison gives us occasion (before 
we answer your lordship's letter) to acknowledge the same as an act 
of his majesty's royal justice and goodness, although the pretended 
cause of his imprisonment was but a malicious calumny of the ene- 
mies of the king's honour and our peace, forged to engage both his 
majesty's kingdoms in a national war. As we cannot but regrate 
that any neglect of his majesty's officers, or absence of his commis- 
sioner, whose presence we did both desire and expect, should hinder 
the interposing of his royal authority to these acts of parliament, 
which were found most necessary for establishing religion and the 
peace of this kingdom, and which, according to the acts of pacification, 
his majesty was graciously pleased to promise ; so we have and shall 
still endeavour to give demonstration of that tender respect we have 
of his majesty's honour and royal power. And whereas your lord- 
ship's letter doth imply that we should take some other way for the 
more easy obtaining his majesty's approbation, which also by several 
reasons hath been most instantly pressed by the lord Lowdon ; yet 
we conceive that parliamentary way, which was taken by the estates 
convened by his majesty's special warrant, to have been most legal 
and necessary, and no ways derogatory to his majesty's power in 
parliament, nor contrary to the duty of good subjects, who are war- 
ranted by the articles of pacification, under his majesty's hand, to 
determine all civil questions, ratify the conclusions of the assembly, 
and remove the present distractions of this kingdom, as is more 
abundantly demonstrated by their declaration in parliament there- 173 
about. So that we dare not take any other course, which may en- 
trench upon their parliamentary power or proceedings ; nor will we 
(being so few in number appointed by them to stay here) presume 
of ourselves, in a matter of so great moment, to return a more full 
and particular answer, till there be a more frequent meeting of those 
appointed by parliament, which will be shortly ; and then your 



220 The Scottish army enters England, III. 41 — ■ 

lordship shall be acquainted, that you may shew his majesty their 
resolutions and humble desires, and we shall remain 

Your lordship's affectionate 

friends and servants. 
Signed, 
Lindsay. Napier. Ja. Sword. 

Edinburgh, ph of Balmerino. J. Murray. J. Forbes. 

July f 1640. Burghly. G.Dundas. Ed. Eggar. 

42 They went on with their preparations, and caused all to 
bring in the tenth penny of their rents, to make this war look 
like a sacred one, since carried on by the tithes ; and ordered 
their forces to be drawn together. Mean while the king went 
on at as good a pace as he could, and went from London in 
the end of July, to make his rendezvous at York. The earl 
of Strafford stayed some time behind, partly for sickness, partly 
to see what money could be borrowed from London ; and at 
this time there were great and high misunderstandings be- 
tween him and sir Henry Vane, both making their complaints 
to the marquis by their letters. Strafford was also to bring 
an army out of Ireland upon the west of Scotland, whereupon 
they in Scotland drew their forces together in the end of 
August, and resolved to march into England, and make that 
the seat of the war, pretending (as by their declaration then 
emitted doth appear) that their trade was blocked up by 
English ships; that in England and Ireland Scottish men 
were proceeded against for taking the covenant, and the 
English council had voted a war with them : wherefore, they 
said, they were constrained to go into England with their pe- 
titions, declaring they came not to invade England, but to 
avert the invasion of their country that was designed ; adding, 
that they should be so far from doing prejudice to any in 
England, that severe justice should be executed upon those 
who took any thing in England without payment. And about 
this time Ruthwen, being for many months blocked up in the 
castle of Edinburgh, (so that victuals and ammunition were 
spent, his water also failed, and most of his soldiers died,) was 
forced to capitulate and render up the castle to the co- 
venanters. 

43 But not to stand too long on matters universally known, as 
soon as they entered England, the king by proclamation de- 



-45- and routs the English forces. (1640.) 221 

clared them traitors on the 22nd of August : yet they went 
on, and when they came to the Ford of Tine at Newburn, 
some miles above Newcastle, they found it guarded by a body 
of foot, who had raised a breastwork near the river, and lay 
there to obstruct their passage. Yet no sooner did the 
Scottish cannon begin to play, but they, struck with fear, 
threw down their arms and run away ; whereupon the general 
passed over with some troops, and they were encountered by 1 74 
three troops commanded by Wilmot, whom, after a little dis- 
pute, they routed : their officers were taken prisoners, and 
some were killed. And after this the whole body of the 
English army that lay there marched to Newcastle, which 
consisted of two thousand horse and nine thousand foot : the 
disorder among them was the greater, because the lord Conway, 
who commanded, had gone that day from the camp to dine at 
a place about a mile distance, called Stella. The Scots con- 
tinued passing till it was late, and lay in the fields all night : 
next day they marched towards Newcastle, and were beginning 
to be in some strait ; for they had driven as many cattle out of 
Scotland with them as served hitherto for their provision, and 
were resolved to take nothing in England but for payment, 
which would have been a vast charge to them. They purposed 
therefore to summon Newcastle, and in case it yielded not, 
to threaten to burn all the collieries which lay on the south 
side ; though they designed not the executing of that, for fear 
of making the rupture beyond remedy. But as they were 
marching, doubtful what course to take, they met a Scotch- 
man who had been a prisoner at Durham ; he told them how 
that morning by six o'clock all the English forces had marched 
through Durham in great haste; whereupon they went for- 
ward, and found Newcastle open to them, and there they took 
up their quarters, and found great magazines of provision, 
which the king had laid in for his army, and by those they 
maintained their army a great while. 

44 This loss and affront went very near the king's heart, who 
begun to fear this year's success as much as he had done 
the last. 

45 After this the lords of the covenant wrote the following 
letter to the earl of Lanerick by one Cathcart. 



222 The lords of the covenant write to Lanerick. III. 46 — 

46 Noble Lord, 

As we have ever professed and declared, as well by our words as 
actions, that the grounds of our desires are, and ever shall be, the 
redress of wrongs and reparations of our losses, and that we will never 
leave off in all humility to supplicate his majesty for the same, so 
this hath moved us now, being come this length, yet again humbly 
to petition his majesty to take our case to consideration, and grant 
our desires. We are debarred from sending or carrying our suppli- 
cations in the ordinary way, which makes us have our address to your 
lordship, entreating your lordship in our names to present this our 
petition herein enclosed to his majesty, and in all humility to beg an 
answer thereunto, to be sent with the bearer to us, who shall ever 
endeavour to approve ourselves his majesty's loyal subjects, and most 
unwilling to shed any Christian blood, far less the English ; whereof 
we have given very good proof by our by-gone carriage to every one 
who hath with violence opposed us, yea, even to those who entered 
in blood with us, and were taken prisoners, whom we have let go 
with meat and money, notwithstanding that all those of ours who 
did but deboar'd from their quarters are miserably massacred by 
these whom we can term no otherwise than cut-throats. Our beha- 
viour to these in Newcastle can witness our intention, which is, to 
live at peace with all, and rather to suffer than to offend. We bought 
all with our money, and they have extortioned us to the triple value : 
the panic fear made most of them leave the town, and stop their own 
trade ; but we have studied to solve their doubts. As all our actions 
shall ever tend to that which is just and right, so we could wish they 175 
were interpreted to a true sense ; and whatever may be the event of 
business, we hope the blame shall not lie upon 

Your lordship's affectionate 

friends to serve you. 
Signed, 
Rothes, Napier, D. Hoom, 

Cassilis, Tho. Hope, Keir, 

Dumferline, W. Richarton, Ja. Sword, 
Leager, beside Newcastle, Lindsay, J. Swith, J. Rutherford, 

2nd of September, 1640. Lowdon, P.Hepburn, 

P. S. — We entreat your lordship to let the bearer have a pass for 
his safe return to us. 

47 The petition enclosed was presented by him to his majesty, 
which follows : 



-49- The lords of the covenant petition the king. (1640.) 223 

48 To the king's most excellent majesty, the humble petition of the commis- 

sioners of the late parliament, and others of his majesty's 
loyal subjects of the kingdom of Scotland, 

Humbly sheweth, 

That whereas, after our many sufferings the time past, extreme 
necessity hath constrained us for our relief, and obtaining our hum- 
ble and just desires, to come into England, where, according to our 
intentions formerly declared, we have in all our journey lived upon 
our own means and victuals and goods brought along with us, and 
neither troubling the peace of the kingdom, nor harming any of 
your majesty's subjects of whatsoever quality in their persons or 
goods, but have carried ourselves in a most peaceable manner, till 
we were pressed by strength of arms to put such forces out of the 
way as [did] , without our deserving, and (as some of them have at the 
point of death confessed) against their own consciences, opposed our 
peaceable passage at Newburn-on-Tyne, and have brought their blood 
upon their own heads, against our purposes and desires, expressed 
in our letters sent unto them at Newcastle for preventing the like 
or greater inconveniences. And that we may without further oppo- 
sition come into your majesty's presence, for obtaining from your 
majesty's justice and goodness satisfaction to our just demands, we, 
your majesty's most humble and loyal subjects, do still insist in that 
submiss way of petitioning, which we have keeped since the begin- 
ning, and from which no provocation of your majesty's enemies and 
ours, no adversity that we have before sustained, nor prosperous 
success can befall us, shall be able to divert our minds. 

Most humbly entreating that your majesty would in the depth of 
your royal wisdom consider at last our pressing grievances, provide 
for the repairing of our wrongs and losses, and, with the advice and 176 
consent of the estates of the kingdom of England convened in par- 
liament, settle a firm and durable peace, against all invasion by 
sea or land, that we may with cheerfulness of heart pay unto your 
majesty, as our native king, all duty and obedience that can be ex- 
pected from loyal subjects, and that (against the many and great 
evils which at this time threaten both kingdoms, whereat all your 
majesty's good and loving subjects tremble to think, and which we 
beseech God Almighty in mercy timeously to avert) your majesty's 
throne may be established in the midst of us, in religion and right- 
eousness. And your majesty's gracious answer we humbly desire and 
earnestly wait for. 

49 The king having considered their petition, commanded my 



224 The king's answer to the lords of the covenant. III. 49 — 

lord Lanerick to write the following answer, dated at his ma- 
jesty's court at York the 5th of September, 1640 : 

His majesty hath seen and considered this petition, and is gra- 
ciously pleased to return this answer by me, that he finds it in such 
general terms, that till you express the particulars of your desires, 
his majesty can give no direct answer ; therefore his majesty re- 
quires that you set down the particulars of your demands with 
expedition, he having been always willing to hear and redress the 
grievances of his people : and for the more mature deliberation of 
these great affairs, his majesty hath already given out summons for 
the meeting of the peers of the kingdom in the city of York upon 
the 24th of this month, that so with the advice of the peers you 
may receive such answer to your petition as shall most tend to his 
honour, and the peace and welfare of his dominions. And in the 
mean time (if peace be that you desire, as you pretend) he expects, 
and by these his majesty commands, that you advance no further 
with your army to these parts ; which is the only means that is left 
for the present to preserve peace betwixt the two nations, and to 
bring these unhappy differences to a reconciliation, which none is 
more desirous of than his most sacred majesty. 

Signed, 

Lanerick. 

5° With which he wrote this cover : 

My Lords, 

According to your desires, I presented unto his majesty in your 
names the petition you sent me ; whereupon his majesty hath been 
graciously pleased to command me to make this reference, which you 
shall receive herenTenclosed, joined unto the petition. 

My lords, by this you may see his majesty is, as he ever was, 
willing to hear and redress the grievances of his subjects ; and I 
pray God you may take those courses that may not too much 
encroach on the goodness of so gracious a sovereign. This shall be 
the earnest prayer of 

York, 5th, Sept. Your lordship's servant, 

l6 4°- . Lanerick. 

S 1 To this they returned the answer that follows, which was 
sent by sir James Mercer : 

Right Honourable, 177 

As nothing in earth is more desired of us than his majesty's 
favour, so doth nothing delight us more than that his majesty 



-51. The covenanters make a second address. (1640.) 225 

beginneth again to hearken to our humble desires, wherein we trust 
nothing shall be found but what may serve for his majesty's honour 
and for the peace of his dominions. The particulars we would have 
expressed, but that they are contained in the conclusions of the late 
parliament and our printed declarations, which were sent to your 
lordship ; but in case the papers be not by your lordship, we now 
summarily repeat them. 

That his majesty would be graciously pleased to command, that 
the last acts of parliament may be published in his highness's name, 
as our sovereign lord, with the estates of parliament convened by his 
majesty's authority : next, that the castle of Edinburgh and other 
strengths of the kingdom of Scotland, may,, according to the first 
foundation, be furnished and used for our defence and security : 
thirdly, that our countrymen in his majesty's dominions of England 
and Ireland may be free from censure for subscribing the covenant, 
and be no more pressed with oaths and subscriptions unwarranted 
by our laws, and contrary to their national oath and covenant ap- 
proved by his majesty: fourthly, that the common incendiaries, who 
have been the authors of this combustion in his majesty's dominions, 
may receive their just censure : fifthly, that our ships and our goods, 
with all the damage thereof, may be restored : sixthly, that the 
wrongs, losses, and charges, which at this time we have sustained, 
may be repayed : seventhly, that the declarations made against us 
as traitors may be recalled, and in end, by advice and consent of the 
estates of England convened in parliament, his majesty may be 
pleased to remove the garrisons from the borders, and any impedi- 
ment that may stop free trade, and with their advice may condescend 
to all particulars which may establish a stable and well-grounded 
peace, for enjoying of our religion and liberties, against all fears of 
molestation and undoing from year to year, as our adversaries shall 
take the advantage. This royal testimony of his majesty's justice 
and goodness we would esteem to be doubled upon us, were it 
speedily bestowed, and therefore must crave leave to regret, that 
his majesty's pleasure concerning the meeting of the peers the 24th 
of this instant will make the time long ere the parliament be con- 
vened, which is conceived to be the only mean of settling both 
nations in a firm peace, and which we desire may be seriously 
represented to his majesty's royal thoughts: the more this time 
is abridged, the more able will we be to obey his majesty's pro- 
hibition of not advancing with our arms : our actions, and whole 
\ comportment since the beginning of these commotions, and espe- 
cially of late since our coming into England, are real declarations of 
Hamilton. a 



226 The Mng appoints a treaty. — A breach III. 51 — 

our love and desire of peace : nothing but invincible necessity hath 
brought us from our country to this place, no other thing shall draw 
us beyond the limits appointed by his majesty : which we trust his 
majesty will consider of, and wherein we hope your lordship will 
labour to be a profitable instrument for the king's honour, the good 
of your country, and of 

Your lordship's humble servants 
and affectionate friends, 



A. Lesly. 


Dumfermline. 


Tho. Hope. 


D. Home. 


Rothes. 


Lindsay. 


W. Rickartoun. 


Keir. 


Cassils. 


Lowdon. 


J. Smith. 


Ja. Sword 


Montrose. 


Napier. 


P. Hepburn. 




Scofs-Leager at Newcastle, 
Sept. 8th, 1640. 







178 

52 On the 24th of September, the peers of England having 
met, the king by their advice commanded his secretary to 
write the following letter : 

My Lords, 

According to his majesty's appointment, the most part of the peers 
of this kingdom of England met here at York this day, where his ma- 
jesty did communicate unto them your desires and petitions ; and be- 
cause you do so earnestly press for a speedy answer, his majesty, with 
advice of the peers, hath nominated such a number of them for a con- 
ference with you upon Tuesday at Northallerton, whose names are 
underwritten. But withal if you shall think the time too short, and 
that with conveniency you cannot come so soon thithef , if betwixt 
this and Sunday you do acquaint his majesty therewith, he will take 
order for the delay thereof, for one day or two. 

And that you may t without all fear or danger of detention send 
such persons unto the said conference as you shall think most fit, if 
betwixt this and Sunday you send hither the names of these you 
mean to employ, his majesty will with all possible diligence return a 
safe conduct, under his own royal hand, for them and their necessary 
servants. 

His majesty hath likewise commanded me to let you know, that 
upon your relieving of such officers and others of his subjects as are 
detained by you, he will return all such of yours as are his prisoners, 
either here or at Berwick ; and hereafter resolves, that fair quarters 
should be kept betwixt both armies. Thus having imparted his 

majesty's pleasure, I continue 

„ , _ . „ Your lordship's servant, 

York, 24th of Sept. x ■ 

^o. Lanerick. 

53 And now the king was in a great strait what to resolve on. 



-54« between the marquis and the earl of Montrose. (1640.) 227 

Most of all the peers advised a settlement with Scotland, and 
a parliament in England : Strafford's advice was more severe, 
and the marquis pressed a pacification. But though their 
opinions varied, yet their friendship continued, since both had 
the same designs for the king's honour and service. A recruit 
of money (which was beginning to run low) was not to be 
hoped without a parliament, and their late experience told 
on how uneasy terms that was to be had. Earl Lowdon also 
assured the marquis by his letters that the covenanters were 
well armed, well commanded, and very resolute, nor did they 
doubt of a strong party in England; and therefore shewed 
how dangerous it would prove to his majesty's affairs, if a 
treaty should not presently follow. The marquis, little re- 
garding how ill these counsels would be represented by others, 
used all his industry to prevail with the king for a pacification 
on any terms ; since none could be so bad, as the hazard the 
king was like to run if matters continued so broken : for it was 
now apparent how faintly his majesty's forces did serve him, 
and with how much resolution the Scottish armies proceeded ; 
neither were they without fears in their own army, and that 
many of the peers and people of England would have assisted 
the Scots, if matters had run to extremities. 
54 But at that time a passage fell out which drew after it a 
tract of great troubles on the marquis. The earl of Montrose 
had in July that year procured a meeting of some noblemen 
at Oumbernald, the earl of Wigton's house, where there was 179 
a bond signed by them of adherence to one another in pursu- 
ance of the covenant ; and from Newcastle he continued to 
keep correspondence with his majesty, notwithstanding an act 
that had passed in the committee, that none should under pain 
of death write any letters to the court, but such as were seen 
and allowed of by at least three of the committee. But this 
correspondence of my lord Montrose came to the knowledge 
of the covenanters, and there were ill instruments who sug- 
gested that this advertisement must have been given by the 
marquis, which being too easily believed, occasioned a breach 
betwixt them that could never be made up. And Sanderson 
hath had the impudence not only to fasten this on him, but 
as if there had not been imputation enough in it, he adds that 
the marquis had in the night picked his majesty's pockets for 

q2 



228 A breach between Montrose and the marquis. III. 54 — 

his letters. Indeed he needed not take such courses, had he 
been capable of that treachery ; for the king's confidence in 
him was such, that he delivered all the letters he had from 
Scotland to his keeping, and if he had designed such a thing 
upon Montrose, it was in his power to have done it long be- 
fore : for in October and December of the former year Mont- 
rose had writ much in the same strain to the king ; which 
letters the king gave him, and are yet extant, but were never 
heard of till now that the writer gives this account of them. 
But the way how that letter was discovered was this : the 
covenanters sent sir James Mercer to York, with their letters 
to my lord Lanerick of September the 14th, with whom my 
lord Montrose sent his servant with letters to some of his 
friends at court; and these letters had been shewn to the 
committee : but as he sealed them up, he put within one to 
sir Richard Grahame a letter to the king which had not been 
seen ; and sir Richard opening his letter carelessly, the en- 
closed to the king dropped out : whereupon sir James Mercer, 
being near him, stooped down in civility to take up the letter, 
and read the direction of it ; and he, returning next day to 
the Scottish camp, told what he had seen to the general, who 
(in a committee that sat that afternoon wherein it was my 
lord Montrose's turn to preside) said, that the gentleman 
they had sent must be examined concerning any letters he 
carried to the court : and so he was called in, and examined. 
But Montrose, understanding that his correspondence with 
the king was discovered, said, that seeing others kept a cor- 
respondence with the court, he knew not why he might not 
do it as well as they. It was answered, if others were guilty, 
that did not excuse his fault, but when that could be made 
out against any they were liable to the same censure he had 
now incurred: whereupon he was commanded to keep his 
chamber : and he called a great many of his friends to him, to 
try who would adhere to him : whereupon the general bade 
the earl of Calender, who was then lieutenant-general, tell 
him, that if he came not, and submitted himself, he would 
hold a council of war upon him, and proceed against- him 
capitally. Upon this, my lord Montrose came, and produced 
a copy of the letter he said he had written, and craved par- 
don, and so this matter was passed over : but it was suspected 



—ftf. The treaty at Rippon. (1640.) 229 

that his letter had been sent to the covenanters by the mar- 
quis ; whereas indeed they knew no more of his letter but 
what they had from sir James Mercer, who read the address 
of it, and so they knew not what was in it, but by the copy 
he produced. Yet this went current for the marquis's trea- 
chery, though sir James Mercer did often vouch the truth of 
this before many witnesses, and particularly to Sanderson 180 
himself before noble witnesses, who acknowledged his misin- 
formation, and promised to expunge that in the next edition 
of his book : though there are no grounds to fear the world 
will ever be troubled with another edition of so ill a book. 

55 In the end of September a treaty was agreed upon, and his 
majesty named the marquis and my lords of Traquair and 
Lanerick to be amongst the commissioners who should treat 
in his name. But the covenanters excepted against the 
marquis and Traquair, whom they intended to pursue as 
incendiaries, and therefore they could not treat with them; 
as for Lanerick, they had nothing to fasten on him. Upon 
this the king resolved to send none but English lords, con- 
ceiving it not fitting to send any Scotchman, if the persons he 
had employed as commissioners were not of the number. 

5 6 Rippon, a little town fifteen miles from York, was appointed 
to be the place of treaty instead of Northallerton, and the 
king sent the English lords thither, appointing Traquair and 
Lanerick to wait upon them, for giving them information of 
Scottish affairs ; but he kept the marquis to wait upon him- 
self. The treaty begun at Rippon, and after a few days, by 
reason of the new parliament the king had summoned against 
the beginning of November, was removed to London. The 
covenanters' demands were the same with those contained in 
their letter of the 8th of September, about which they con- 
tinued treating till the June of the next year : and so this 
year ended. 

57 But here I shall insert a paper, all written with his majesty's 
hand, which though it do not relate to Scottish business, yet 
I judged it a crime to let any of the relicks of that prince's 
pen perish. How it came into the marquis's hand, I know 
not ; it is an answer to a remonstrance sent to the king by 
the two houses at Westminster in the end of this year. 



230 The king yields to all the demands III. 58 — 

58 I having taken to my serious consideration the late remonstrance 
made to me by both houses of parliament, do make this answer : 

I take in good part your care for the preservation of the true 
religion established in this kingdom, from which I will never depart : 
as also for your tenderness of my own safety, and security of this 
state and government. 

It is against my mind that popery or superstition should any way 
increase within this kingdom, and I will restrain the same by causing 
the laws be put in due execution. I resolve likewise to provide 
against the dangers of Jesuits and priests, setting forth a procla- 
mation with all speed commanding them to depart the kingdom 
within one month, whereof if they fail or shall return, then they shall 
be proceeded withal according to the laws. 

Concerning Rosettie, you must understand that my wife hath 
always assured me, that (to her knowledge) he hath no commission, 
but only to entertain a personal correspondence betwixt her and the 
pope, of things requisite for the exercise of her religion, which is 
warranted to her by the articles of our marriage, which give her ai8l 
full liberty of conscience ; yet I have so persuaded her, that (since 
the misunderstanding of this person's condition gives offence) she 
will within a convenient time remove him. Moreover, I will take 
special care to restrain my subjects from resorting to mass at 
Denmark-house, St. James's, and the chapels of ambassadors. 

Lastly, concerning John Goodman the priest, you must know the 
reason why I reprieved him is, that (as I am informed) neither queen 
Elizabeth nor my father did ever avow that any priests in their 
times were executed merely for religion, which to me seems to be 
this particular case ; yet seeing that I am pressed by both houses to 
give w 7 ay to his execution, (because I will avoid the inconvenience 
of giving so great a discontentment to my people, as I perceive this 
mercy may produce,) I remit this particular cause to both houses : 
but I desire you to take into your serious considerations the incon- 
veniences, which (as I conceive) may upon this occasion fall upon 
my subjects, and other protestants abroad, especially since it may 
seem to other states to be a severity with surprise ; which I having 
thus represented to you, think myself discharged from all ill conse- 
quences that may ensue upon the execution of this person. 

Anno 1641. 

59 The marquis (notwithstanding all the malice he knew some 
of his countrymen bore him) did not slacken his endeavours 



-62. of the covenanters. (1641.) 231 

to bring things to a final settlement ; and the high language 
which was now spoken at Westminster, furnished him with 
too strong reasons for enforcing the necessity of agreeing with 
the covenanters. At length the king, weary of contending so 
much, resolved to yield to most of their demands. 

60 For the first, of publishing their acts, though it was contrary 
to the practice of Scotland to hold a session of parliament, 
unless the king were present by himself or his commissioner ; 
yet it was represented, that was but a point of form ; for as 
they sat by the king's summons, so they did not pretend 
their votes were laws without the king's ratification ; and their 
sitting in this manner (though disorderly) could not be so 
derogatory to the king's authority as at first view appeared, 
since it was the constant practice of the two houses in England 
to sit and vote in the king's absence. The king was willing 
all these acts should be of new voted, promising his royal 
assent to them; but they were stiff, and the king yielded. 
For the reparation of losses, the king remitted them to the 
two houses, who considered their accounts and gave them a 
large brotherly assistance. 

61 For the disposal of the castles, the election of the councillors, 
officers of state, and judges, which the covenanters desired 1 8 % 
should be done with advice of parliament, they went very 
harshly down with the king. But they alleged divers old 
laws for their demands, which seemed now necessary to be 
revived, since his majesty was so seldom in Scotland. The 
king's great apprehension of this was, that it would give a 
copy to England for making the like demands : to which it 
was answered, that the king's residence in England made the 
case to differ vastly ; the Scottish lords engaging upon their 
honour to declare (in case the two houses should make the like 
demands) they were unreasonable in so doing. 

62 In a word, the king granted all they demanded, only he 
thought it unjust and unreasonable to grant an indemnity to 
the other party and let his friends be secluded from it; 
wherefore he pressed nothing so earnestly, as that the oblivion 
might be without exception : and the list of those who were 
summoned upon the pretence of being incendiaries was so 
great, that he thought to abandon so many of his faithful 
servants to the violence of the times was so dishonourable, 



$32 The covenanters' demands are granted. III. 62 — - 

that he could not answer for it, neither to God nor man, The 
covenanters, to yield somewhat, reduced their great number 
to five persons, who were, the earl of Traquair, the bishop of 
Ross, sir Robert Spotswood, sir John Hay, and Doctor Balcan- 
quell : but the king thought he could not yield to that demand, 
were there but one excepted ; and told them, that though he 
had better grounds to pursue some of themselves as incen- 
diaries, yet being willing to dispense with these his resent- 
ments, he had reason to expect the same condescendency from 
them. But they pretended their bond and oath for prosecuting 
of them ; and though it was told them, that an ill oath was 
worse kept, yet they were stiff; and the temper found was, 
that their processes should go on, but their censure should be 
remitted to the king, and that the Scots should be satisfied 
with his assurance, that he should employ them no more in 
Scottish affairs without consent of parliament. 

63 And thus all things were agreed on, and his majesty deter- 
mined to go in person to Scotland to settle matters there; 
but at this time the Scottish commissioners began to cabal 
with the malecontents in the two houses, and in particular 
concurred with them in the pursuit of the earl of Strafford. 
The friendship betwixt the marquis and that gallant man had 
been great and entire ; and as his testimony in those matters 
about which he was examined was among the evidences 
Strafford had in his defences, so his confidence in the marquis 
did appear by the following handsome letter he wrote to him 
a few days before his death. 

64 May it please your Lordship ; 

Hitherto I judged it not fit to endanger your lordship by any 
intelligence betwixt us, which might have turned much to your pre- 
judice, in a time when the world is in so much misunderstanding 
of me ; but now be your lordship pleased to admit me to resort to 
your noble expressions and former friendship, that I may carry forth 
of the court with me the belief and tokens of it. 

It is told me, that the lords are inclinable to preserve my life and 
family, for which their generous compassions the great God of mercy 
will reward them : and surely should I die upon this evidence, I had 
much rather be the sufferer than the judge. 

All that I shall desire from your lordship is, that, divested of all 183 
public employment, I may be admitted to go home to my own 



— 6i. Many complain of the marquis. (1641.) 233 

private fortune, there to attend my own domestic affairs, and edu- 
cation of my children, with as little asperity of words or marks of 
infamy as possibly the nobleness and justice of my friends can pro- 
cure for me, with a liberty to follow my own occasions as I shall find 
best for myself. 

This is no unreasonable thing 1 trust to desire, all considered that 
may be said in my case, (for I vow my fault that should justly draw 
any heavy sentence on me, I yet do not see :) yet this much obtained 
will abundantly satisfy a mind hasting fast to quiet, and a body 
broken with afflictions and infirmities. And as I shall take myself 
highly bound to any that shall further me therein, so I more particu- 
larly desire to receive an obligation therein from your lordship than 
from others, as being purposed in the truth of my former professions 
to express myself 

Tower, ztfh of April, Your lordship's humbly 

•641. to be commanded, 

Strafford. 

65 But since all his majesty's most vigorous intercessions were not 
able to preserve that great man, it is not to be imagined any 
good offices done by meaner persons could succeed ; yet the 
marquis acted in it with great candour and friendship : but that 
preserved him not from being suspected of having advised the 
king to consent to Strafford's death ; and for his vindication, 
I shall only refer the reader to his own words, in the speech 
he delivered the morning before he died, to be inserted in its 
proper place. 

66 The Scottish bishops who were now at London, thought 
themselves undone, and complained of the marquis as the cause 
of their ruin ; and yet he had been careful to get them all 
either provided with places or relieved with the king's money, 
so that all of them in their letters to him acknowledged him 
to be their only patron about the king. Traquair was worst 
pleased of any, and complained that the marquis had opposed 
the article of incendiaries till his own name was dashed out, 
and then had deserted the rest ; but his name was not struck 
out alone, Huntley's and many others' being dashed out with 
him : besides, the prejudice of that process was only to be put 
out of employment in Scotland, by which the king was engaged 
in honour to make up that loss another way, wherein the 
marquis engaged to serve him faithfully. Others of the court 



234 The earl of Rothes is gained. III. 66— 

who hated and envied him. were glad to find colours of 
censure in any of his actions, and it was loudly talked that 
the king was now to part with his crown of Scotland with his 
own hands, by granting concessions so derogatory from kingly 
authority : but the king, who understood his own affairs better 
than any of these censurers, saw the necessity of settling with 
Scotland immediately. For the marquis represented to his 
majesty, that though those acts did very much diminish his 
authority, yet the Scottish parliament, being governed but by 
a few heads who influenced the rest, there was no doubt but 
the gaining of the leading men might so prepare things, that 
ere a few years went about all might be brought to a greater 
temper : for the king was firmly resolved to make good what 
he now promised, and never to violate these concessions, unless 
he could get them rescinded in parliament. 

67 And let me once for all say freely, this was the great 184 
• measure of all the marquis's councils about Scotland, that 

(except when he saw at the beginning, as hath been said, that 
the king's interest and honour required his utmost resentments, 
and that a forcible redress seemed not improbable, and pro- 
mised success) way should be given to the present heats for 
some time, in hope of recovering of them by such concessions : 
and in pursuance of this design Rothes was much caressed by 
the king, and entirely gained ; but as he was recovering to 
his duty, he was overtaken by sickness, of which he died 
at Richmond, and was much regretted both by those of the 
court and the covenant, being a man of great abilities and 
much honour. 

68 In June, the earl of Dumfermline and Lowdon were sent 
from London to Scotland with the articles of the treaty, and 
a desire that the parliament there might yet be prorogued for 
some time, since the affairs of England put a stop to the 
king's present journey. They also carried down a submission 
from Traquair, and were to deal, that the acceptance of it 
might stop the further agitation of the pursuit against him. 

69 All this while there had been divers meetings of parliament 
in Scotland ; but by reason of the dependence of the treaty 
they were still prorogued. Their greatest business was to 
prepare the process against the incendiaries, both the president 
Spotswood and the clerk of register Hay being prisoners in 



-7 2 . The king comes to Scotland. ( 1 64 1 . ) 235 

the castle'of Edinburgh since the former winter. The cove- 
nanters required the king's advocate to concur with them, 
according to his place, which obliged him to assist in the 
pursuit of all public crimes ; but Lanerick, in the king's name, 
commanded him to deny his concurrence ; and this made much 
ado ; as also in all the king's orders for proroguing the par- 
liament, mention was made of my lord Traquair as commis- 
sioner, against which they always protested. But at this time 
the parliament would not consent to prorogue of new, only 
they declared they should be preparing matters, and not go 
on to the determining any thing before the middle of August, 
against which time the king purposed to be in Scotland. As 
for Traquair's submission, it was rejected, and many begun 
to complain aloud, that whereas they signed a bond to pro- 
secute the incendiaries, yet many were dispensed with ; and 
much pains was taken by distinctions to satisfy their con- 
sciences, that they meant not to set up an inquisition by that 
oath, and that it was only meant of those that were declared 
and avowed incendiaries : but others said that the words were 
general, and tied them, without respect of persons, to pursue 
all equally. 

70 At this time there was a gentleman seized at Broxmouth 
with letters to my lord Montrose, which discovered a new 
correspondence of his with the court for my lord Traquair's 
preservation : and with this the story of the bond signed the 
former year at Oumberwald broke out; upon which he and 
some of his friends were committed close prisoners to the 
castle of Edinburgh, and were called plotters. 

7 1 On the 12th of August the king came to Scotland, accom- 
panied by the prince elector, who came along with him, to see 
what assistance he might expect from the Scottish parliament. 
The king, to please the Scottish clergy the more, appointed 
Mr. Henderson to wait upon him while he should be in 
Scotland, and to provide preachers for him, being resolved to 
conform himself to the Scottish worship while he was among 
them. 

7 2 The parliament at first voted that all the members should 185 
subscribe the covenant, which was done by all ; only the duke 

of Lenox took a few days to advise, after which he came and 
subscribed with the rest. Most differences had been settled at 



236 The marquis is vindicated by the parliament, III. 72 — 

London, but the matter of the incendiaries and plotters was 
that at which things stuck long, and occasioned the king's stay 
in Scotland. Many censured the marquis, as not concerning 
himself so much for those persons as became him ; and because 
he, in prosecution of the design the king had laid down, took 
much pains on the earl of Argyle, it was said, he was courting 
the king's enemies and neglecting his friends. But he judged 
the great design of settling the king with the country was to 
be preferred to all private interests ; and his brother following 
his method, shared with him in the same jealousies, though 
not to so high a degree. But his majesty knew the marquis 
too well to be easily moved with these whispers ; therefore in 
one of his speeches in parliament he declared, that the marquis 
had carried himself as a faithful subject and servant in all his 
employments during these troubles, and as one that designed the 
good and happiness of his country : upon which the king gave 
his assent to the following act of parliament. 

73 In the parliament holden at Edinburgh, in this session thereof 
holden the last day of September, the year of 1641 years, this act 
following was made by the king and estates, whereof the tenour 
follows : 

74 Whereas there have been certain scandalous words spoken of the 
marquis of Hamilton,, tending to the prejudice of his honour and 
fidelity to his majesty and his country, which are now acknowledged 
by Henry lord Ker, speaker thereof, in presence of his majesty and 
estates of parliament, to have been rash and groundless, for the 
speaking whereof he is heartily sorry, and since his majesty and the 
estates of parliament know it to be so ; therefore his majesty, and 
estates foresaid, declare the said marquis of Hamilton to be free 
thereof, and esteem him to be a loyal subject to his majesty, and 
faithful patriot to his country : and the said estates remit the further 
censure of the said lord Ker to the king's majesty. Extracted out 
of the records of parliament by me sir Alexander Gibsone, younger, 
of Dury, knight, clerk to his highness's register and rolls, under my 
sign and subscription manual. 

Alex. Gibsone, Cl. Reg. 

75 The marquis had often heard that his enemies had designs 
upon him, and he represented what he heard to the king, but 
acknowledged he had it only by whispers : and thus matters 
went on till the r 1 th of October. Yet all this while the 



— 77- ^ l° ses ground with the king. (1641.) 237 

marquis was insensibly losing ground with the king ; for the 
perpetual whispers of his enemies could not choose but make 
some impression, being specious though forged grounds of 
jealousy, cunningly contrived, and managed with great assiduity, 
art, and malice. 

76 Lanerick also found the king's countenance beginning to 
change towards him, whereupon he assumed the freedom to 
ask his majesty if he judged that he had been capable so far to 
forget his particular favours to himself, (who from nothing 
had heaped both fortune and honours on him,) as to do any 
thing might merit the change he saw in him: the king an- 186 
swered, he believed he was an honest man, that he had never 
heard any thing to the contrary, but that his brother had been 
very active in his own preservation. This made Lanerick look 
the more narrowly to his brother's actions, to see if he could 
discover whether in any thing he had studied to preserve 
himself by prejudicing the king ; but in a long account of that 
business, which I have under his hand, he protested, that the 
nearer he looked, he discovered in him the greater fidelity and 
affection to his master. It is true, the king met with great 
opposition in Scotland in the matter of the incendiaries and 
plotters, and it was represented that the marquis and his 
brother might have made it less, which perhaps left some im- 
pressions on his majesty ; but having it so often under both 
their hands, that might their souls perish if they left any 
thing undone that was in their power to get a compliance to 
the king's desires from the parliament, I must believe this op- 
position flowed from the distempers of that time. 

77 But about the middle of October an odd passage fell in, 
which, for its not being expected, was called the incident. A 
gentleman, not known to the marquis, brought him and the 
earl of Argyle the discovery of a plot, he said, was laid for 
their lives, and the earl of Lanerick's ; which, he said, he could 
justify by one witness, who was invited to the execution of it. 
He told also a long formal story of the persons were to be 
actors, of time, place, and manner, and said it was to be ex- 
ecuted that very night. This the marquis carried to the king 
without naming particulars, which could not be done safely by 
the law of Scotland, since he had but one witness to prove 
them by. The king desired him to examine the thing to the 



238 The rebellion breaks out in Ireland, and III. 77 — 

bottom, and bring him what further evidence he could find. 
In the evening other presumptions were brought to the marquis, 
but no clear evidence, and the matter was got abroad, and in 
every body's mouth ; so that all who depended on these lords 
came about them in great numbers : and those on whom the 
design was fastened gave out it was a forgery to make them 
odious, and gathered also together. The marquis hearing this, 
did not stir out of doors, lest some of their too officious followers 
had raised tumults ; and next day, in the evening, he, with the 
earl of Argyle and his brother, and half a dozen servants, went 
out of town to his house of Keneel, twelve miles from Edin- 
burgh, and sent his excuse to his majesty, with the true ac- 
count of the reasons that moved him to do what he had done. 
Upon this, many discourses went about, people of all sides 
passing construction as they were affected ; but the parliament 
took the whole matter into consideration. Those who had 
given the information owned what they had said, and those 
on whom the plot was fixed did as positively deny all : so that 
no clear proof being brought, the parliament could come to no 
other decision, but that the lords had good reason to withdraw 
themselves ; and so they were invited to return to their place 
in parliament. This was a tedious business, and put a great 
stop to the settlement betwixt the king and the nation ; but 
further particularities are thought needless to be set down, 
since this matter vanished, no effect following on it. 

78 The marquis quickly recovered his former room in the king's 
affection, so that there remained not so much as a vestige of 
this cross adventure. Things in Scotland took presently a 
settlement, and those who were called plotters and banders 1 87 
(after examination, and a delivering up of their bond, which 
was burnt by the hand of the common hangman) were set at 
liberty, after some time of further restraint : but the process 

of the alleged incendiaries was to go on, yet they were to 
enjoy their liberty, and undergo no other censure but the 
loss of public employment ; which, though yielded at London, 
was long resisted in Scotland, they pretending their oath to 
bring them to condign punishment. 

79 But as the king was going on with the settlement of one 
kingdom, he got the saddest news that ever were heard out of 
Ireland, of the desperate rebellion and massacre had broken 



~8o. the king finds matters worse in London. (1641.) 239 

out there ; whereupon his majesty recommended to the par- 
liament of Scotland the relief of his oppressed protestant 
subjects in Ireland ; which they undertook very willingly. But 
because of the interest England had in Ireland, commissioners 
were appointed to treat with the parliament of England for 
concluding a peace betwixt the two nations, and settling of 
trade, and particularly about the terms upon which they should 
engage in the war of Ireland : and so about the middle of 
November, the king having granted to the Scottish nation all 
they could demand, ended the parliament there, and returned 
to London about the end of that month. But before the 
marquis left Scotland, he by the king's particular command 
entered in a close friendship with Argyle, considering that 
besides the great power of that family, his interest with the 
clergy and covenanters was such, that none could be so useful 
to his majesty's service as he. And his friendship was to be 
twisted closer by a bond of a near alliance betwixt their chil- 
dren. But from all the letters that passed betwixt them, (yet 
to be seen,) it is as clear as can be that all the marquis's 
design in his friendship was for the king's service, and that 
all that time Argyle expressed a hearty concurrence in it. 
To gratify the covenanters the more, the king had created 
him a marquis : Lowdon was also made chancellor, Lesley earl 
of Leven, and Lindsay put in a fair way to be treasurer, Tra- 
quair being turned out. 
80 The king at his return to London found the edge he had 
left on some of their spirits was no way blunted, but growing 
into more sharpness. When the marquis was in Scotland, a 
member of the house of commons, laying out their grievances, 
among other things, inveighed against monopolies, and spoke 
so plainly, that all understood he meant the marquis as a 
person that deserved to be accused, as well as either Strafford 
or Canterbury; but others of that same cabal took him up 
sharply. And now, upon the king's return, his enemies finding 
their designs against him could not take with the king, in whose 
favour he was as much as ever, they took a strange course to 
destroy him ; which was, to set on some members of the house 
of commons to accuse him as the incendiary betwixt England 
and Scotland, who had engaged England into all that expense ; 



240 Design to accuse the marquis. The commissioners III. 80 — 

who had also invited the Scots to march into England, and 
had been always the third in Strafford's and Canterbury's 
counsels ; who had advised the dissolving of the former par- 
liament, and had oppressed the subjects by the grants of many 
monopolies which he had. This was smelled out even by some 
of the same cabal, who persuaded their friends to desist ; 
shewing them, that for his carriage betwixt England and 
Scotland an oblivion was passed in the late treaty, which was 
ratified by the parliament of England ; that for other things, 
though his engagement in the court had carried him along to 188 
some extreme counsels, yet, they said, it was well enough known 
how moderate his inclinations were, how great an instrument 
he had been in the late settlement of Scotland, and how much 
he was hated upon that account ; and that this was a design to 
destroy him, either out of malice, or because some feared his 
moderate counsels in England as much as they hated them in 
Scotland. This seems to have flowed from the friendship 
which divers of the leaders in the house of peers had for him, 
whom he had often obliged ; and as they were not unsensible 
nor forgetful of his good offices, so they seem to have had a 
particular kindness for his person. And while he was in 
Scotland, he kept correspondence with Mandevil, Essex, and 
others, and chiefly with the lord Say and Seale ; but all their 
letters shew that his greatest business with them was to pre- 
pare them to a better correspondence with the king. 
[ But when the marquis smelled out the design against him, 
he gave the king an account of it, and told him, that if his 
majesty intended to go on in his affairs in a kingly way, he 
would wait on his commands, and expose himself to the dis- 
pleasure of the house of commons ; but if his majesty intended 
to settle matters by an absolute compliance with the parliament, 
then, he conceived, it was fit that his servants should use their 
endeavours for their own preservation, that so they might be 
afterwards useful to his service : yet, he said, he would do 
nothing for himself but by his majesty's allowance and di- 
rection, (being, it is like, taught more caution by the jealousies 
had been taken from his care of vindicating himself in the 
parliament of Scotland.) The king, upon this, allowed him to 
use all means for his own preservation, which he so managed 



—83. are violent against the church of England. (1642.) 241 

that the designed accusation came to nothing. This particular 
his sacred majesty vouchsafed to tell the writer, adding, that 
he had it from the queen his mother. 

Anno 1642. 

82 The tumults and disorders about Whitehall and Westminster 
rose to that height, that the king withdrew to Windsor in 
the beginning of the year. The Scotch commissioners con- 
tinued treating about their engaging for Ireland, which the 
king pressed forward very earnestly : but some of the com- 
missioners began to tamper with those who were most opposite 
to the court in the two houses, and instead of moderating 
them, were instigating them to persist in their demands about 
religion, to get episcopacy brought down and presbytery set 
up. To the first of these most assented, but few were cordial 
for the latter. In order to this, on the 15th of January the 
Scottish commissioners seconded the desires of the two houses 
with a paper which they presented to the king on that subject, 
and afterwards printed it. 

83 The king was highly displeased that they were not satisfied 
with the opposition they made him in Scotland, nor with the 
concessions he had granted them there, but were now come 
to foment troubles in England. It was not long since they 
made loud complaints against the designed uniformity with 
England, and the interest the Englishmen had in managing 
the affairs of the Scottish kirk ; and would they now act that 189 
part which they had condemned in others? They could not 
allege that against episcopacy in England which they pre- 
tended in Scotland, that it had never been fully nor clearly 
settled in it, or that the stream both of clergy and laity had 
run cross to it : the contrary of all that was clear in England, 
where episcopacy was deeply rooted in their law. And ever 
since the reformation, for eighty years together, the church of 
England had flourished under episcopacy ; so that it was the 
wonder and envy of the world, till of late, that some Brownists 
and other sectaries begun to disturb its quiet. They knew 

he declared the grounds on which he dispensed with episco- 
pacy in Scotland were not from his own judgment about it, but 
merely to comply with their aversion to it ; but the case was 
very different in England. All this he said for giving them 
Hamilton. r 



242 The king desires the covenanters not to III. 83 — 

satisfaction, and it is the sura of what he repeated afterwards 
upon the like occasions. But in the end he told them their 
commission was not to mediate betwixt him and the two 
houses, and therefore on the 1 9th of January he signed the 
following order to Lanerick : 

84 Charles R. 

We have thought fit to require you to repair to the commissioners 
from our parliament of Scotland, and let them know, that we ex- 
pected, before they should have interested themselves in any manner 
of way betwixt us and our parliament of England, they would 
(according to our desire expressed to them by our letter of the 13 th 
of this instant) have acquainted us with their resolutions in private, 
and that for the time coming we are very confident (out of the re- 
spect due to us from them, and their earnest desires to shun mistakes 
and disputes) they will no way engage themselves in these present 
differences, without first they communicate their intentions with us 
in private, whereby all jealousies and suspicions may be removed, and*, 
they better enabled to do us service. 

Given at our honour of Windsor, the 19th of January, 1641. 
Directed., — To our right trusty and right well-beloved cousin and 

councillor, the earl of Lanerick, our secretary for Scotland. 

85 After this the king sent Mr. Mungo Murray to Scotland 
with complaints of the commissioners, signified by the following 
letter to the chancellor : 

Right trusty and right well-beloved Cousin and CHAN- 
CELLOR, WE GREET YOU WELL. 

As it hath been always our care and study to have a right under- 
standing betwixt us and our subjects of Scotland, so nothing can 
joy us more than to hear the effects thereof to be such, as that they 
in peace and quietness enjoy the benefit of our courts of justice, 
and that under our government they reap the fruits of those sound 
and wholesome laws established in that kingdom by us and our pre- 
decessors for their good and happiness. 

We cannot but take kindly from you, your representing unto us 
the miseries and afflictions to which our good subjects of Ireland are 
reduced, through the inhuman and unheard-of cruelties of the rebels 190 
there. We on our part have left nothing undone which we thought 
could express how sensible we are of their sufferings : but the pre- 
sent distractions of this kingdom do both delay the sending of those 
necessary assistances and supplies which they ought to expect from 
hence, and prolong the treaty with our commissioners of Scotland ; 



— 8$. meddle with the church of England. (1642.) 243 

so that if some extraordinary course be not taken for their present 
supply, it is not like their miseries will end sooner than their days. 
The consideration whereof induceth us to require you to move our 
council, that these forces that are already on foot in Scotland may be 
presently sent over thither, and we will oblige ourselves to see them 
readily and punctually paid by this parliament ; which if they shall 
refuse to do, we will engage our own revenues., rather than delay so 
good and necessary a work : to which purpose we shall issue forth 
such commissions, and give such warrants under our great seal of 
England, as our council of Scotland shall think necessary for their 
service, and grant all such their desires for the advancement of this 
work as in reason can be demanded from us ; and therefore do re- 
quire you, with all possible diligence, to return us their resolutions 
herein, which we are confident will be such as will testify their respect 
to us and affection to their distressed brethren in Ireland. 

And now we are confident we shall not need to remember you of 
those dutiful expressions of respect and fidelity you made to us at 
our late being in Scotland : for the same affection which produced 
those expressions will induce you to make them good by your actions. 
We remember well, you expressed your readiness to hazard both life 
and fortune for the maintenance of our temporal power ; and even 
in matters ecclesiastic, though you wished uniformity therein betwixt 
the two nations, yet you would not interest yourselves in these dif- 
ferences further than should be with our knowledge and good liking. 
We wish our commissioners of Scotland had taken that course,, and 
not meddled nor offered to mediate betwixt us and this parliament, 
before they had first made their intentions known unto us in private, 
according to our express desire, nor made their private advice publicly 
known unto both houses, which is now in print. We did conceive 
the intention of the commission granted them by us in parliament 
was for finishing the remainder of the treaty for settling of trade 
and commerce, and keeping a right understanding betwixt the two 
nations, not betwixt us and our parliament here. It is true., they 
were to receive their particular instructions from the council, which 
we believe to have been limited to these generals, which certainly never 
could have reached this particular. But we shall pass by this, and 
remember it no more, so we may find our council hereafter give them 
no further warrant to meddle any more betwixt us and this parliament, 
but in so far as we shall first know and approve of it ; which truly 
we conceive to be the only means to shun those suspicions and jea- 
lousies that might breed any interruption of that happy understanding 
that is now established betwixt us and that our native kingdom. 

r2 



244 The king names officers to be sent for the III. 85 — 

Herein we expect your best endeavours, as a real testimony of your 
affection to our service. We do likewise think fit, that a double of 
all such instructions as have already been given or shall hereafter be 
given to the commissioners, be sent us, which will exceedingly con- 
duce to the shunning of unnecessary mistakings. And in case there 
come any dispute betwixt us and our parliament here, about the no- 
mination of officers and councillors, we hope you will remember 
upon what grounds we were induced to yield in this particular to the 
desires of our subjects in Scotland, it being our necessary absence 
from that our native country; and you in private did often promise, 191 
upon occasion, to declare that this kingdom ought not to urge it as 
a precedent for the like to them, the reasons not being the same : 
therefore now you are to think upon the most convenient way to 
make good that promise, and labour to prevent so great an inconve- 
nience unto us, which we expect from you as one of the most ac- 
ceptable services can be done unto us. 

P. S. [with his majesty's own hand.] — I have commanded this my 
servant Mungo Murray to tell you some things which I think not 
fit to write : therefore, desiring you to trust what he will say to you 
from me, I will now only add, that your affections rightly expressed 
to me (at this time) will do me an unspeakable service, to the effect- 
ing of which I expect much from your particular affection and 
dexterity. 

Windsor. 26th January, r'TT.^T^c. "R 

y- LHARLES rv. 

86 His majesty also wrote to the same purpose to the marquis 
of Argyle, and added the following postscript with his own 
hand : 

I cannot but thank you for your letter I received by Kinnoul, it 
being the performance of a promise you made at my last being in 
Scotland, not doubting but you will perform the rest with the same 
cheerfulness. And I assure you this is a time wherein the kything 
of your affection to me will do me an unexpressible service, as Mungo 
Murray will tell you more at large, whom I desire you to trust in what 
he shall tell you from me. 

Windsor, 26th January, ^ R 

87 His majesty named the officers of the army that was to go 
over to the relief of the protestants in Ireland, choosing them 
so that they might be most acceptable to Scotland : and this 
he did both to gain the more upon them by his confidence, as 



— 91. relief of protectants in Ireland. (1642.) 245 

also to set those troublesome people out of the way; though 
this turned to the great prejudice of his affairs in Scotland, 
as shall afterwards appear. But for this advice the marquis 
deserved no share of the blame ; for the king left him behind 
at London, to see what could be effectuated by mediation 
with those of the peers, whom he knew to love him ; and it 
appears by the following note that he continued in his ma- 
jesty's confidence, 

88 Hamilton, IQ2 
I desire you to come hither to-morrow, not only to end our last 

discourse, but also upon other business of great importance ; and 
you shall find that I am 

Windsor, istFebruary y Your constant friend, 

1642. Charles R. 

89 What that business was does not appear to the writer. 

po When the king withdrew further from the parliament, and 
went northwards, the marquis was kept at London by a great 
sickness of some months 1 continuance, the length of it being 
occasioned by his frequent relapses into fevers, and a lingering 
recovery out of them ; yet his ill-willers at court represented 
the story of his sickness to be but feigned, that under that 
pretext he might desert the king when he needed his service 
most. But he hearing of this was resolved to be carried sick 
as he was to the king, which the king knowing, commanded 
him to stay till God gave him strength to come without pre- 
judice to his health. 

gi In March, the treaty between the parliament of England 
and Scotland was closed ; and among other articles one was 
cast in, that an uniformity of religion should he endeavoured 
betwixt the kingdoms. But the king would do nothing that 
might seem to stop the Irish business, and therefore gave 
way to it, though he smelled the design of it abundantly well. 
Besides, the words being conceived in general terms, he would 
not oppose them ; since he judged an uniformity of religion 
was to be endeavoured, as well as they did, but with this 
odds, that he thought the standard of it should be taken from 
England. As soon as this went home, the Scottish armies 
went over speedily in the beginning of April : and the Scottish 
council wrote to his majesty and the two houses, that they 



246 New calumnies on the marquis. III. 91 — 

designed to send the marquis of Argyle over to Ireland, but 
first to send him and the earl of Lowdon to London, to me- 
diate betwixt the king and the houses : with which his ma- 
jesty was pleased. But the houses excused it in a fair way, 
pretending that they judged Argyle's presence necessary in 
Scotland. Many wondered whence this jealousy of him did 
flow : some thought it was because the king consented to it, 
and therefore they misdoubted him : others apprehended that 
their jealousy was founded on the friendship that was betwixt 
the marquis and him ; and that finding the marquis so inflexi- 
bly firm to the king's interest, and averse from theirs, they 
feared that Argyle's friendships and his was founded on the 
same designs. 

92 At this time some of the marquis's enemies represented to 
his majesty that he made offers of the militia to the houses, 
with other things highly derogatory to his majesty's author- 
ity, and that he pretended a warrant for those offers was 
sent him by Mr. Murray of the bedchamber. These were 
the bad offices some fiery spirits studied to do to all who 
endeavoured the quenching of that flame which was like to 193 
devour Britain ; but notice being given of this to the marquis, 

he wrote Mr. Murray this answer : 

93 Worthy Friend, 

It is no new thing for me to find myself traduced to his majesty, 
but I should wonder very much if he give credit to a report grounded 
upon such improbabilities : for if his majesty would be pleased to call 
to mind how oft he repeated to me that he would never condescend 
to the parliament's demands concerning the militia, no not for an 
hour in the way it was, I am sure he will not think that I could 
engage myself to the parliament that he would perform that which 
he never gave me ground to believe myself. 

And as for his return to London, I likewise affirm he never gave 
me cause to hope, let be to engage myself to the parliament for it. 
I have had the honour to be intrusted in divers employments from 
him, and he knows I never exceeded his instructions : I hope he will 
not now think me so mad, or so great a knave, as to do that which 
might bring him any inconvenience : for why should I be an under- 
taker to the parliament for either, having neither my instructions 
nor directions from him to mention to the parliament or any mem- 
ber there. But these reports proceed from such, who perhaps (if 



— 95* The king thinks of going to Ireland. (1642.) 247 

the matter were looked into) have said what probably they will not 
make good, and so endeavour to make other men bear the burden. 
I am not sorry they have joined you with me in this, since it cannot 
prove your disadvantage, the thing being so eminently false. 

I see my enemies' malice will have no end, and when they want 
other grounds, sickness is enough for them to take advantage of; 
but if they had been in the condition that I have been in these three 
weeks, they would have been more charitable ; and so I leave them. 

The uncertainty of my recovery hath made me write thus much to 
you, and truly not without trouble, that you may let his majesty 
know my innocency in these particulars, and that I still continue in 
a condition not able to attend him, which is a great grief to 

. ,, A ., I Your faithful friend and servant, 

Jth April, 1642. 

Hamilton. 

94 In the middle of April, the king signified to his council in 
Scotland his design of going in person against the rebels in 
Ireland, which he purposed, both to put more vigour in the 
army by his presence, as also to refute those calumnies were 
spread upon him, as if he inclined to popery, and had been 
accessory to the late rebellion, with which damnable calumnies 
his enemies were beginning to asperse him. But the Scottish 
council, as well as the two houses, interceded earnestly with 
him against this design, pretending the hazard his sacred per- 
son would be in. Some judged that they were afraid lest by 
such a real argument the calumnies were cast on his majesty, 
and scattered among the vulgar for carrying on their designs, 
might be refuted ; and some feared lest his majesty, had he 
gone to the army, might have gained too much upon their 
hearts, whereby he might have been in a condition to have 
overawed the two houses. 

95 In May the Scottish council sent up the lord chancellor to 194 
offer a mediation for a better understanding betwixt the king 
and the two houses, but the king was much irritated by the 
affront he had lately received before Hull from Hotham. He 
likewise found the chancellor insisting on uniformity of church 
government, therefore he ordered his return into Scotland ; 
and gave him a full account of all had passed betwixt him 
and his two houses, requiring him to give a true representa- 
tion of it to his council there. In the end of the month the 
marquis had recovered so much strength as to come and wait 



248 The marquis is sent by the king into Scotland. III. 96- 

on the king at York, where he would gladly have prosecuted 
his former counsels for advancing a settlement betwixt the 
king and his two houses : but he knew not how to advise the 
king to grant more than he had already yielded to, which (as 
the king said to him) was more than had been granted by all 
the kings of England since the conquest ; adding, that though 
he had gone a great length in concessions to them, they had not 
obliged him by one favourable vote : so that nothing remained 
for the marquis but to lament the king's misfortune : yet he 
offered the uttermost of his services to him, and subscribed 
for the pay of threescore horse in the king's army. But he 
represented to his majesty the hazard of Scotland's concur- 
ring with the two houses ; which the king might easily appre- 
hend, both from the late carriage of their commissioners, and 
from what he knew of their temper, especially of the minis- 
ters'' zeal and power with the people. For his own part, he 
said, he was able to do the king small service any where ; but 
having neither interest, friends, nor followers in England, he 
would be but a burden to his majesty there : but if he could 
signify any thing, it was in Scotland, where he should use his 
utmost endeavours to divert them from assisting the king's 
enemies ; for to expect aid from them was not to be thought 
upon. His majesty, judging this most expedient, sent him to 
Scotland, without any positive instructions, recommending 
only to him his service in general, of which he was so confi- 
dent that he wrote the following letter after him : 

96 Hamilton, 

I have no time to write particulars, and to persuade you to serve 
me I suppose that I have less need than time ; therefore, in a word, 
this is a time to shew what you are, assuring you that at all times I 

will shew that I am 

Your most assured and constant friend, 

Charles R. 



MEMOIRS '95 



OF THE 



LIFE AND ACTIONS 



OF 



JAMES DUKE OF HAMILTON 



BOOK IV. 

Of the duke's and his brother the earl of LanericFs negotiation 
in Scotland, till their imprisonment. 

J- HE marquis came to Edinburgh in the beginning of July, 
and found very many disgusted with him for his late concur- 
rence in the council at York, as a peer of England. He 
studied by all means to remove the wicked insinuations which 
some in England had sent to Scotland against the king: the 
most hurtful of them was, about his favouring of popery, and 
his designs of falling upon Scotland by force, as soon as he 
had mastered the two houses. These were zealously propa- 
gated by the emissaries from England, and all places sounded 
with the danger religion was in ; so that he found his nego- 
tiation was like to prove again unfortunate. The only means 
by which he had any hopes of engaging Scotland in the king's 
quarrel, was to move that an invitation might be sent from 
Scotland to the queen for her return, (whom the tumults at 
London had driven beyond sea,) that she might mediate for 
a settlement betwixt the king and the two houses. This he 
judged might insensibly draw them on to own the king's 
service ; for if the queen came upon their invitation, they would 
be obliged in honour to protect her, and see that she met 
with no injuries, and to resent such as should be done her ; 



250 The assembly declares against episcopacy in England. IV. i — 

and therefore he sent a confident friend to give his majesty an 
account of the posture things were in, according to the fol- 
lowing instructions : 

I. Show his majesty with what a prejudicated opinion I was 196 
received, by reason of what I have done at York, which I still 

lie under. 

II. Show in what temper I found this kingdom, occasioned (as 
I conceive) by the apprehension they have of his majesty's not ob- 
serving what he hath already granted, if he shall be in a condition 
to force them ; seeing it is believed, that what he hath given was 
against his will. Next, divers eminent persons apprehend, that if he 
obtain his ends by force, they will be neglected, and persons ob- 
noxious to this kingdom cherished. 

III. Show that some active men will not lie idle in so stirring 
times ; and therefore his majesty would consider how to make use 
of them, lest otherwise they may be engaged, and with them the 
kingdom. 

IV. Show that it will be impossible longer to delay the meeting 
of the commissioners for conserving of the peace, and what my part 
hath been therein ; and therefore to consider, if it were not fit they 
were called by his majesty's warrant. 

V. Show that I could not think of a better way to serve her 
majesty (for the present) than by procuring an invitation from the 
whole kingdom for her return; which proposition, if his majesty 
conceive fit for his service, and be acceptable to her majesty, I doubt 
not of the effectuating it ; otherwise, it shall here end. 

VI. Show that though I can be of no great use to his majesty 
any where, yet I conceive more here than at York ; for albeit I still 
say I can undertake for nothing, yet I may possibly be able to pre- 
vent evil, if I can do no good. 

VII. Show the miserable condition of my fortune, which occa- 
sioned the not sending as yet the monies for entertaining the horse, 
which if the sale of land can procure shall be quickly remedied. 

In August following there was an assembly, to which the 
king sent the earl of Dunfermline commissioner, with full as- 
surances of his majesty's resolution to adhere to what was 
now settled by law, and to encourage all good motions for 
advancing of piety and learning : and it was also recommended 
to him, as his chief work, to keep the assembly within their 
own bounds ; that they might not meddle with England, nor 
interpose in the differences betwixt the king and the two 



— 5. The king's letter about uniformity. (1642.) 251 

houses. But this was not to be done except by authority 
backed with force; for there came a declaration from the 
parliament of England, which was very welcome to them, and 
had such a return as they of England desired. For the as- 
sembly declared prelacy to be the great mountain that lay in 
the way of the advancement of religion, which must first be 
removed before the church and work of God could be esta- 
blished; and nothing the king's commissioner said was able 
to divert them from this, so irresistible was their zeal. They 
also sent a petition to the council, desiring them to second 
their address to the king for an uniformity in church-govern- 
ment in all his dominions ; and likewise desired that, by reason 
of the commotions were in England, the council would call 
together the conservators of the peace, (this was a court 
established by the late parliament, to see to the preservation 
of the articles of the late treaty with England.) The council, 
upon this, recommended uniformity in church-government, by 
a letter to the king, wherein they desired also warrant to con- 
vene the conservators of the peace : the assembly wrote also 
to the king to the same purpose. 

3 The marquis represented to his majesty that their zeal for 197 
this uniformity was so great, that no art could hinder them 
from petitioning for it ; but if they could be preserved from 
deeds, their big words were to be answered with smooth 
language. 

4 But as for the meeting of the conservators of the peace, 
he laid out the hazard of it to the king ; for if he refused to 
convene them, it would raise jealousies in the people's minds, 
and there was ground to fear they would meet of their own 
accord if they were not called ; which would be an affront to 
the king's authority, and might precipitate a rupture. But on 
the other hand, there was no small danger in their sitting, for 
of that number some were likelier to disturb than conserve the 
peace. To the letters from the assembly and council the king 
wrote the following answer : 

5 Charles R. 

By your letter to us of the 19th of this instant, August, we find 
you concur with our late general assembly in their desire to us about 
unity of religion and uniformity of church-government in all our 
three kingdoms ; which cannot be more earnestly desired by you, 



252 A meeting is called of the conservators of the peace. IV. 5 — 

than shall be really endeavoured by us, in such a way as we in our 
conscience conceive to be best for the nourishing estate of the true 
protestant religion. But as for joining with our houses of parliament 
here in this work, it were improper for us at this time to give any 
answer : for since their meeting they have never made any pro- 
position to us concerning unity of religion, or uniformity of church- 
government : so far are they from desiring any such thing, as we are 
confident the most considerable persons, and those who make fairest 
pretences to you of this kind, will no sooner embrace a presbyterial 
than you an episcopal. And truly it seems, (notwithstanding what- 
soever profession they have made to the contrary,) that nothing hath 
been less in their minds than settling of the true religion, and re- 
forming such abuses in the church-government as possibly have 
crept in contrary to the established law of the land : to which we 
have been so far from being averse, that we have by divers decla- 
rations and messages pressed them to it, though hitherto it hath 
been to small purpose. But whenever any proposition shall be made 
to us by them, which we shall conceive may any way advance the 
unity of the true protestant religion, according to the word of God, 
or establish the church-government according to the known laws of 
this kingdom, we shall, by our cheerful joining with them, let the 
world see that nothing can be more acceptable unto us than the 
furthering and advancing of so good a work. So we bid you 
farewell. 

From Nottingham, the 26th of August, 1642. 

6 All in Scotland called for the conservators sitting, and said 
that they must be on their guard when war was like to be on 
their borders : whereupon the council ordered the chancellor 
to convene them. 

7 At this time all the Scottish commissioners returned from 
London, every thing that concerned the treaty being expeded : 
but the council thought it necessary to send the earl of 
Lindsay and sir John Smith to lie there for correspondence, 
of which they gave the king notice. With this his majesty 
was highly displeased; for he said they were either sent to 198 
treat by virtue of the commission from the parliament, in 
which case they were not a quorum, or by the council's au- 
thority : if so, then he asked who warranted them to do that 
without his order ? yet, to take away any ground of heats or 
jealousies, he empowered them to go, that they might see to 
the preserving the articles of the treaty. As for the conser- 



■8. Mr. Murray is sent to Scotland. (1642.) 253 

vators of the peace, he gave the earl of Lowdon warrant to 
convene them against the 32nd of September, and sent Mr. 
Murray of the bedchamber, afterwards earl of Dysert, with 
instructions to inform them of all had passed betwixt him and 
the two houses ; whose account of the state he found things 
in follows in a letter to my lord Lanerick. 

8 My much honoured Lord, 

When I arrived here, your brother was in Argyle ; but upon 
knowledge of my coming, came himself, and brought that marquis 
with him to Hamilton, whither the chancellor went likewise, and 
there I attended all three. 

I found them with the same affections and desires your lordship 
left in them, but, as they conceive, not so able to act as they were 
then. They apprehend the parliament of England will be much 
higher in their demands than at that time ; as understanding now 
both the king's power and their own, which were then but upon 
forming, and promised a greater equality. The king's two messages 
to the parliament have likewise so discredited his majesty's affairs in 
this country, that they fear many forward enough before will now 
unwillingly engage in any way which may displease the parliament ; 
yet they are resolved to do their best, and I believe say little less in 
this enclosed letter, signed by all three. 

His majesty must expect, in point of religion, to be pressed for 
uniformity in church- government ; and if his majesty may be moved 
to publish some handsome declaration satisfactory in that point, it 
would infinitely advance all his affairs in this country, and from hence 
have a powerful influence upon that. 

The parliament hath gained much here by their last vote, and 
there is a very fine answer expected to their last message sent by the 
lord Maitland, which will extraordinarily confirm the former corre- 
spondence : if the king do not something plausible in the same kind, 
timeously and unconstrained, the two kingdoms will shut upon him, 
in despite of what his best servants can do. 

Here is no order for publishing his majesty's declarations, and 
great care taken to the contrary, which occasions great prejudication 
in the common people's minds, and were very fit to be amended. 

I am looked upon here with great jealousy, yet it lessens, because 
they see I am not busy. I am advised by your brother and the rest, 
for avoiding of suspicion, to go up to court, which (having despatched 
some particular business I have of my own) I am resolved to do. 
They have intrusted me with these particular queries, of which they 



254 .. An account of affairs in England. IV. 8 — 

desire his majesty's resolution : if your lordship find opportunity, you 
may acquaint his majesty with them. They desire likewise your 
lordship may be sent down with a letter to the commissioners full of 
confidence, and allowing them all freedom in their consultations. In 
respect of this great meeting, your brother cannot make his journey 
to Holland; no act of that nature being now to be done, their 
opinion and authority not consulted : but I find them all right set in 
the thing, and truly so respective to the queen's person, it did my 
heart good to hear them. All the lords conservators which are with 199 
you will receive summons : but it is not desired they should come 
down, and truly I believe their presence will do more hurt than 
good. 

I must entreat your lordship to acquaint his majesty with these 
particulars, to receive his farther commands, and convey them to, 

My Lord, 

Edinburgh, 10th Sept. Your lordship's faithful humble servant, 

1642. M. Murray. 

P. S. — The king must send to Newcastle directions concerning 
his ships, for their victuals are quite spent : my poor opinion is, they 
should be sent to Holland, where they may be safer, and attend the 
queen. 

9 What the queries mentioned in this letter were, appears 
not to the writer: but for the letters and declarations the 
king sent to Scotland, they are all of one strain ; and because 
the clearest and fullest was sent the next summer, I shall 
refer all to that, which shall be set down in its proper 
place. Only I have here inserted an account of the king's 
affairs with the two houses, written by Lanerick to one in 
Scotland, (whose name I find not set down, but believe it was 
to Mr. Murray,) and corrected with his majesty's pen in some 
places. 

10 Sir, 

As you desired me, I moved his majesty for a copy of the last 
message to the houses of parliament, which you will herewith re- 
ceive. His majesty hath not as yet had any answer from them, but 
we are informed here, his messengers have been far otherwise re- 
ceived than he expected (since they were the carriers of so good a 
message) : for the earl of Southampton, a better poster than -the 
earl of Dorset, came to the house upon Saturday last, and as he was 
going to take his place he was called to, to withdraw. He said, 
he had a message to deliver them from his majesty, but received no 






■ i o. An account of affairs in England. (1642.) 9.55 

other answer than still a command to withdraw, which at last he 
obeyed : then they sent the black rod to him, requiring him to send 
the message to them by him ; which he refused, having commands 
to deliver the message himself to the house. But they again pressed 
it, yet he still refused ; at last they declared, that if any evil did 
arise from the not delivering of his message, they were free of it : 
whereupon he sent it to them by Mr. Maxwell, to which he received 
no other answer than their absolute command immediately to re- 
move from town. The house of commons were something more 
favourable to sir John Culpeper, who after some debate was ad- 
mitted into the house, (though not to his place,) but, as I am in- 
formed, delivered his message at the bar, and thereafter was com- 
manded to withdraw. It was then taken into consideration whe- 
ther or not he should any more be admitted as a member of that 
house ; which was voted in his favours, so that it is like their 
answer will be returned by him : which I hear will only be to let 
his majesty know, that so long as his proclamations are out against 
the earl of Essex, (and such others their adherents, of whom they 
account themselves to be,) as traitors, and the standard up for rais- 200 
ing of men to suppress them, they account themselves as out of his 
majesty's protection, and so incapable to treat. 

By this the world will see whether his majesty or they be the 
occasion of this war, and of all the blood which is like to be shed in 
this unfortunate kingdom. His majesty hath left no means of 
accommodation unassayed, for he hath even descended to make 
the first offer of a new treaty; so careful is he of his subjects' 
lives, that for their safeties he is even prodigal of his own honour : 
and certainly he hath not a subject that hath honour, but will be 
sensible of the extremities he is now reduced into. I wish our 
countrymen may take it so to heart, as not to neglect this occasion 
of witnessing their affections to his majesty, by making some over- 
tures for such a treaty, or offer of their service to him, (since his 
majesty is absolutely resolved to send no more messages,) as may be 
most for his majesty's honour and peace of his kingdoms : which if 
they shall refuse or despise, I hope we will not then forget that it 
is our king that is reduced to this necessity, and that we will never 
look on unconcerned where he is so deeply engaged. I hope you 
will pardon the trouble I give you in reading this long ill-written 
letter ; for had I not been commanded to it by a power which, God 
willing, I shall never disobey, it had not been hazarded on by 
Nottingham, Your most humble servant, 

the last of August , 1642. Lanerick. 



%56 The king's letter to the conservators of the peace. IV. 1 1 — 

n The marquis took all the pains imaginable on Argyle and 
Lowdon, to persuade them to a cordial owning of the king's 
service, as the only way to give Scotland a lasting interest in 
the king's affection, which also would make them famous all 
the world over. And since the Scottish troubles had involved 
the king in all his difficulties, it was just they should study to 
extricate him : and for the pretence of religion, with which 
the English were cajoling our Scottish clergy, he said he was 
to be pardoned, if he presumed to know them better than 
they could, assuring them that religion was only pretended by 
them. He took also a great deal of pains in many others, 
to prepare them against the day in which the conservators 
were to meet; to which Lanerick came with the following 
letter from his majesty : 

Right trusty, &c. 
12 Having been informed that, upon petition of the commissioners 
from our late general assembly, our council thought fit that you 
should meet for discharging of that trust imposed on you by us and 
our parliament, whereby all fair means may be used to prevent such 
troubles and divisions as may interrupt or endanger the common 
peace of our kingdom. And as it ought to be the continual study 
of all good and pious princes to preserve their people, so certainly 
it is the duty of all loyal and faithful subjects to maintain the great- 
ness and just authority of their princes ; so that without this reci- 
procal endeavour there can be no happiness for the prince nor se- 
curity for the people. We are sure, our late actions in Scotland 
will to all posterity be an acceptable witness of our care in preserv- 
ing the liberty of those our subjects, and our desire to settle perfect 
peace in that our kingdom. And we are also confident that the 
many good acts we have passed here since the sitting of this parlia- 201 
ment (indeed denying none but such as denied us any power at all, 
and were never so much as demanded from any of our predecessors) 
will bear the like testimony of our affection to the good and peace of 
this kingdom, though the success hath not been alike. For though 
we have used our best endeavours to prevent the present distractions 
and threatening dangers ; yet so prevalent have been the opposers 
of us and the peace of our kingdoms, that not so much as a treaty 
can be obtained, (though by our several messages we have descended 
to demand and press it,) unless upon such conditions, as would either, 
by taking all power of government from us, make us as nothing ; or 
by forcing us to quit the protection of such as, for obeying us, (ac- 



— J4« The conservators send Lanerick to the king. (1642.) 257 

cording to law and their oath of allegiance,) they would have traitors, 
and so make us do an act unworthy of a king. Yet so desirous we 
are to save our subjects' blood, (which cannot but be prodigally 
spent if we be necessitated by force of arms to decide these unhappy 
differences,) that no sooner any such treaty shall be offered unto us 
by them, (which with honour and safety we can receive,) but we 
shall cheerfully embrace it. This we have thought fit to acquaint 
you with, that from ourselves you may know our love to peace, and 
we doubt not but your meeting at this time will produce something 
which will witness your tender respect to our honour and safety ; 
and so much we do confide in your affections, and we shall abso- 
lutely leave the ways and means of expressing it to yourselves. So 
we bid you heartily farewell. 

From our court at Stafford, the 1 8th of September. 

13 This so far prevailed with them at their first meeting, that 
all things went very fairly ; so that they sent a return to the 
king's letters, without making any judgment on the differ- 
ences betwixt him and the parliament. They also resolved to 
mediate betwixt the king and the two houses, and for that end 
designed to send the marquis to Holland, with an invitation 
from Scotland to her majesty, for her return to mediate a 
peace betwixt the king and parliament. And the marquis 
got a paper signed by almost all the lords, not only those 
who were the best affected, but by Lowdon, Argyle, Waris- 
toun, Mr. Alexander Henderson, and the other leaders of the 
party, containing an invitation for her majesty to come to 
Scotland, with assurance of security for her person, and the 
free exercise of her religion for herself and family (so that no 
others were admitted to share in it), and that they should 
concur with her majesty in mediating a peace betwixt the 
king and the two houses, which if it were rejected by the two 
houses they obliged themselves to engage for the king against 
them. This was carried with great address, and managed so 
prudently, that wise men called it the masterpiece of the 
marquis's life. Lanerick carried it to the king, to receive his 
pleasure about it, a note whereof follows written by Lanerick 
in general terms : 

14 Divers of the most considerable of the nobility of Scotland have 
(by the earl of Lanerick) humbly offered unto his majesty their 
sense of the present differences betwixt him and his parliament of 

Hamilton. s 



258 The conservators become ivorse affected. IV. 14 — 

England, which they conceive will hardly be reconciled so long as 
her majesty is at so great a distance ; and therefore are persuaded 
it would conduce much for settling these distractions if her majesty 
might be moved' to return and mediate in so good a work : for 
which end the marquis of Hamilton (if his majesty think fit, and 202 
conceive it may be acceptable to her majesty) will be ready to go to 
Holland, humbly to invite her majesty hereunto, in name of this 
whole kingdom of Scotland, who will, as dutiful and faithful subjects, 
humbly join their endeavours and mediation with her majesty, that 
his majesty may have honour and contentment, and his people hap- 
piness and security under his royal government. 

15 The king at first welcomed this proposition with a great 
deal of joy, but upon other grounds he thought not fit to 
listen to it ; for his affection to the queen made him fear the 
hazard of her person so much, that this proposition was not 
entertained, which the marquis often regretted as a loss which 
could never be recovered : for this raised jealousies in the 
minds of the Scottish lords, as if the king had no confidence 
in them, which was cherished sufficiently by divers malecon- 
tents, upon which the marquis despaired of getting any good 
done in Scotland. All he judged possible thereafter was to 
prevent and provide against the evil he feared, and that he 
prosecuted with all the zeal he was master of; which his ma- 
jesty understanding by Mr. Mungo Murray, cupbearer, wrote 
him what follows : 

16 Hamilton, 

Your letter and this bearer hath so fully satisfied me, that I can- 
not be more confident in any thing than that you will — beside what 
you have — deserve that mark of favour I intend you. You know 
me too well to have more words spent upon you ; only this, I think 
unfit to trust particulars to paper, having so trusty a messenger, 
whom I stayed this long, expecting daily a battle : but now I think 
the rebels want either courage or strength to fight before they be 
forced. So referring you to my servant Mungo, I rest 

WoUerhampton, the y t d constant friend 

27^/i Octob. 1642. 

Charles R. 

17 The next meeting of the conservators was on the 24th of 
November, where their strain seemed much altered to the 
worse ; yet they still resolved to interpose in a mediation be- 



i — 21. Lanerich is sent hack to Scotland. (1642.) 259 

twixt the king and the parliament of England : whereupon 
they wrote both to the king and the two houses, for a safe 
conduct to such as they should send up. 

18 At this time there were great complaints of some encroach- 
ments made upon the privileges the Scottish nation had en- 
joyed in France : for redress whereof the council thought it 
necessary to send one to France, and made choice of the earl 
of Lowthian ; and sent him first to the king, with the instruc- 
tions they had given him, that his majesty might send him as 
his minister to negotiate that affair. One of the instructions 
was to get the marquis put in possession of the honour and 
revenue of Chastle-herault. 

19 Upon the earl of Lowthian's coming to court, the instruc- 
tions he had from Scotland were called for by his majesty, 
who judged he had no reason to allow this precedent of his 
subjects instructing his agents to foreign courts ; and these 
are yet extant among Lanerick's papers. But the king caused 203 
write them over in his name, so that there was no ground 
from this to charge any thing on the marquis, as tampering 
with foreign princes, which was publicly done by his enemies 
on this occasion ; it having been ordinarily recommended by 
king James to all the ministers he sent from Scotland to 
France. Neither was this done without the king^ particular 
knowledge and orders; for besides that the king gave that 
instruction with the rest, he very seriously recommended it 
by word of mouth to Lowthian's care, as he informed the 
writer. 

20 After this, the marquis represented to the king that it were 
fit he should send down some person of quality to give fresh 
assurances and hopes, before they sent up their commissioners : 
whereupon the king sent down the earl of Lanerick, as the 
person who understood his thoughts best, and was ablest to 
second his brother in advancing his service. He came from 
Oxford in the beginning of December, and brought the fol- 
lowing letter from the king to his brother : 

21 Hamilton, 
Though the trust of this bearer needs not a credential letter, yet 

the civility of a friend cannot but under his hand as well as by word 
of mouth express his kindness and resentment of courtesies ; which 
of late have been such, that you have given me just cause to give 

s2 



260 The marquis is complained of as an incendiary. IV. 21 — 

you better thanks than I will offer at in words. I shall not neglect 
the lazy use of so trusty a bearer, by referring to him not only the 
estate of my affairs here, but likewise in what way you will be of most 
use to me : yet I cannot but tell you, I have set up my rest upon the 
justice of my cause, being resolved that no extremity or misfortune 
shall make me yield ; for I will be either a glorious king or a patient 
martyr, and as yet not being the first, nor at this present appre- 
hending the other, I think it now no unfit time to express this my 
resolution unto you. One thing more, (which but for the messenger 
were too much trust to paper,) the failing to one friend hath indeed 
gone very near me ; wherefore I am resolved that no consideration 
whatsoever shall ever make me do the like. Upon this ground I am 
certain that God hath either so totally forgiven me that he will still 
bless this good cause in my hands, or that all my punishment shall 
be in this world, which without performing what I have resolved I 
cannot flatter myself will end here. This accustomed freedom will 
(I am confident) add cheerfulness to your honest resolutions, seeing, 
beside generosity, to which I pretend a little, my conscience will make 
me stick to my friends, assuring you I have none if I am not 
Oxford, 2nd Decemb. Your most assured constant friend, 

1642. - Charles R. 

22 This excellent letter will both show what pious resentments 204 
his majesty carried along with him in the greatest perplexities 

of his affairs, and discover how he did not think that the 
marquis had either neglected or abused his trust. Lanerick 
acted with more briskness, and spoke more home and roundly 
than his brother, which preserved him in a high degree from 
the jealousies which the smoothness of his carriage brought 
upon him. Now the pulpits were not idle, for the ministers 
begun again to work on the people for the defence of the good 
cause now in hazard, which was echoed back with the applause 
of the vulgar. 

23 At this time the marquis's friendship with Argyle grew to 
a coldness, which after a few months turned into an enmity ; 
for he finding Argyle so backward in all motions for the king's 
service, and that he could not be prevailed upon to continue 
in a neutrality in the English quarrel, broke with him. 

24 There was then in Scotland one Pickering, an agent "from 
England, who studied to poison all with misinformations of the 
king's proceedings and designs. He wrote to Mr. Pym, that 
he found good inclinations with all in Scotland to own their 



-25- Debates about the king's declaration. (1642.) 261 

quarrel, and declare for them, only the marquis with his 
friends resisted it so powerfully, that till he were laid aside, 
the success of his negotiation was to be feared. Wherefore 
he advised to proceed against him roundly, and either to 
summon him to the house of peers, or to send down a warrant 
to pursue him in Scotland as the incendiary betwixt the two 
kingdoms : and he sent threatenings of this to the marquis ; 
but he found his firmness to the king's service was proof 
against all attempts, and he could neither be caressed nor 
cudgelled out of it. Most of Pickering's letters, both to Pym 
and Clotworthy, were intercepted, from which I draw these 
accounts. 
25 About the 20th of December there was a council day, (a 
particular account whereof I shall give, as I have it from a 
copy of a letter written to London,) in which the chancellor 
presented to the council a letter from my lord Lindsay, (then 
at London,) with the declaration of the parliament. But 
though the lords of that party knew nothing of this, yet by 
private letters, Lanerick had some conjectures of it beforehand. 
After the parliament's paper was twice read, Lowdon resumed 
it fully, and as soon as he had done with that, Lanerick de- 
livered another letter from the king, with as large a declaration 
within it : and after it was twice read, Lanerick bade the 
chancellor resume it as faithfully as he had done the former; 
which accordingly he did. The first thing the marquis thought 
best to move, as that of the least importance, which yet would 
discover how the council was inclined, was the publishing the 
king's declaration. The lord Balmerino said, the parliament 
desired not theirs to be published, so it were ofnciousness to do 
it, but that it were injustice to publish the one without the 
other. The marquis asked, was that because we owed as much 
to the parliament of England as to the king : Lanerick added, 
he had a command from the king for it. Argyle answered, 
they sat there to good purpose if every message to them was 
a command ; and they two let fly at one another for awhile 
with much eagerness. But the marquis and Balmerino took 
the debate off their hands, and managed it more calmly. The 
marquis said, the vote was to be stated, obey or not obey : 
the other answered, that was the bishops' way of proceeding, to 205 
procure orders from the king without advice, and then charge 



26£ Delates about the king's declaration. IV. 25- 

all who offered better counsel with disobedience. The marquis 
said, to what did they mean to reduce the king's authority, if 
he might not set out declarations for removing the aspersions 
were cast on his person and government ; or, would they speak 
plainly, were they afraid that his subjects might have too 
good an opinion of him if they heard himself. There appeared 
a variety of opinions before it was put to the vote : some were 
for printing both, some were for printing neither ; some for 
printing the king's and not the parliament's, and one had a 
singular opinion for printing the parliament's and not the 
king's. There were one and twenty councillors present, and 
it being put to the vote, print or not print, there were eleven 
who voted 1,/,/and nine voted No,No,No. This being carried, 
that the king's declaration and not the parliament's should 
be printed, the marquis moved next, that the matter of these 
declarations might be considered. But the lord Balmerino 
said, the parliament of England was long in contriving their 
paper ; and the king, and those about him, had been no doubt 
as long in forming the other ; and if we shall fall upon a few 
hours' consideration to give our sense of them, we were pretty 
felloivs in faith: which he twice repeated. This rude raillery 
touched the marquis in the quick, because he conceived these 
words were not so much a reflection upon himself as on the 
king, who (on another great occasion) had used the same ex- 
pression. However they had sat and debated long, so they 
gave it over for that day. This is set down more particularly, 
because it was the first instance that these two parties fell 
visibly asunder ; and henceforth they continued stated in two 
factions. But because I love not to name persons upon in- 
vidious occasions, henceforth all the other faction shall be 
designed by the general term of the Church party, (others 
calling them ArgyW s party ,) and the other the Hamilton party . 
However, the declaration was printed, which drew a large 
share of censure and hatred on the two brothers ; but the 
king was so well pleased with their behaviour, that he wrote 
the marquis the following letter : 

26 Hamilton, 

You know I am ill at words : I think it were best for me to say 
to you, (as Mr. Major did,) you know my mind, and indeed I know 
none of my subjects that knows it better ; and having for the present 



-28. Most are inclined to oppose the king. (1643.) ^63 

little else to give my servants but thanks, I hold it a particular mis- 
fortune that I can do it no better, therefore this must suffice. I see 
you are as good as your word, and you shall find me as good in 
mine, of being 

O x f ord Your most assured constant friend, 

December 29th, 1642. Charles R. 

P. S. — You cannot take to yourself, nor express to your brother, 206 
better thanks than I mean to you both, for the service you did me 
the last council day. 

Anno 1643. 

27 The next year begun with petitions, which were brought 
from divers shires and presbyteries, complaining of their pub- 
lishing the late declaration ; but the conservators of peace 
(who were for the most part of the church party) made this 
up the best way they could; for first, they declared a pub- 
lication was not an approbation ; next, they appointed the 
parliament's declaration to be also published. At this time 
the marquis and Traquair renewed their old friendship : and 
seeing these petitions coming in so fast, which did clearly in- 
sinuate desires of engaging in the parliament's quarrel, he, 
with his brother's and Traquair's advice, contrived a cross 
petition to be offered to the lords of council. And as the 
motion of it came first from him, so the first draught of it was 
from his pen, of which I find an account under Lanerick's 
hand : so little reason there was to charge him with juggling 
in that matter ; though it was not fit he should have owned 
it, lest upon that account the church party might either have 
accused him as a plotter, or at least cast him from sitting and 
judging in it. The petition follows : 

28 May it please your Lordships, 

That whereas his majesty, with advice of his great council the 
estates of parliament, hath been pleased to select your lordships 
to be his councillors, and hath, by an act of the late parliament, 
committed to your lordships the administration and government of 
this kingdom, in all affairs concerning the good, peace, and happiness 
thereof; and in regard of that great trust reposed by his majesty 
and the estates of parliament in you, your lordships have been and 
will continue so careful to acquit yourselves of that weighty charge, 
as you may be answerable for all your actions and proceedings to 
his majesty and the estates of parliament, to whom (as we conceive) 



264 A cross petition, prepared by IV. 28. 

you are and can only be accountable : and now we being informed 
of a petition presented by some noblemen, gentlemen, and others, to 
the commissioners, for conserving the articles of the late treaty, upon 
pretext of your lordships not sitting at that time, wherein it is re- 
presented that your lordships' late warrant for printing his majesty's 
letter hath occasioned great grief and heavy regret of all who tender 
the glory of God, his majesty's honour, and procuring unity of 
religion and uniformity in church government, the continuance of 
peace and union betwixt the two kingdoms ; and fearing if at this 
time we should be silent your lordships should conceive us and the 
rest of the kingdom to be involved with them in the like desires, 
judgments, and opinions; and lest by our silence our gracious 
sovereign the king's majesty should believe us wanting in the duty 
and allegiance which by so many ties and obligations we owe to him 207 
our native king, or that our brethren of England should apprehend 
the least intention or desire in us to infringe or any ways to encroach 
upon the brotherly union of the two kingdoms, so happily united 
under one head ; we presume in all humility to clear ourselves and 
our intentions to your lordships and to all the world, and therewith 
to represent our humble wishes and desires for establishing his 
majesty's royal authority, and continuing that happy union betwixt 
the two kingdoms, which can never truly be conceived to be intended 
to weaken the head, whereby it is knit together, and without which 
it can have no subsistence. 

The happy union of the two kingdoms under one head, our king, 
doth so much add to his majesty's greatness and strength of both 
kingdoms, that we British subjects cannot choose but wish that the 
said brotherly union be heartily entertained, and cherished by all 
fair and reasonable means, to which we conceive no one thing will 
so much conduce, as that the late articles of the treaty of peace, and 
conclusions taken thereupon about unity of religion, may be carefully 
and timeously prosecuted : wherein as our commissioners then, so 
we now, without presuming or usurping to prescribe rules or laws of 
reformation to our neighbour-kingdom (civil liberty and conscience ^ 
being so tender that it cannot endure to be touched, but by such as 
they are wedded to, and have lawful authority over them,) notwith- 
standing, seeing the duty of charity doth oblige all Christians to 
pray and profess their desires that all were of the same religion 
with themselves, and since we all acknowledge that religion is the 
base and foundation of kingdoms, and the strongest bond to knit 
the subjects to their princes in true loyalty, and to knit their hearts 
one to another in true unity, we cannot but heartily wish that this 



i8. the marquis mid Traquair. (1643.) ^65 

work of union so happily begun may be crowned and strengthened 
by the unity of church-government ; and that your lordships with 
us may be pleased to represent it to his majesty, and both houses of 
parliament, as an expression and testimony of our affections to the 
good of our brethren in England, and of our desires to make firm 
and stable our brotherly union by the strong chain and bulwark of 
religion : but, as we have said, no ways intending thereby to pass 
our bounds, in prescribing and setting down rules and limits to his 
majesty, and the two houses of parliament, their wisdom and author- 
ity, in the way of prosecution thereof. The sense we have of the 
great calamities and irreparable evils which upon occasion of these 
unhappy distractions and mistakes betwixt the king's majesty and 
the two houses of England, (which if not speedily removed cannot 
but produce the fearful and prodigious effects of a bloody and civil 
war,) obligeth us, in the duty of Christians, and as feeling members 
of what may concern our common head the king's majesty, and the 
good and happiness of our brethren of England, humbly to represent 
to your lordships, that as we will not be wanting with our prayers, 
and our faithful and best endeavours, to assist in the removing of 
these unhappy mistakes and misunderstandings : so we heartily wish, 
and humbly petition your lordships, that from the deepness of your 
wisdom such happy motions may flow, as, upon that tender care of 
our sovereign's person and authority, peace and truth may be settled 
in all his majesty's dominions. Although we will not presume nor 
take upon us to prescribe laws and rules to your lordships, yet in 
all humility we entreat your permission to represent such particulars 
as we conceive, and are very confident, will conduce much to the re- 
moving of all these mistakes betwixt his majesty and his two houses 
of parliament, and be a ready mean to facilitate a happy and wished 
peace, and continue the brotherly union between the two kingdoms. 

And first, that in answering the foresaid petition your lordships 208 
may be pleased to do no act, which may give his majesty just occa- 
sion to repent him of what trust he so graciously expressed (in his 
letter of the date the 5th of December). He reposes in us his subjects 
of his ancient and native kingdom ; for we cannot think that our 
brethren in England, or any other, can believe that the ground of 
this mutual union of the two kingdoms, by the several and respective 
unions to our prince and head, should weaken the strong bond 
whereby it is knit, and by which we are so firmly tied, by so many 
ages, and unparalleled lineal descents of an hundred and seven kings. 
Neither can we suppose that any good protestant, or true member 
of our church, can imagine, far less seduce others to believe, that by 



%66 A cross petition prepared hy the marquis : IV. 28- 

the late treaty of peace, or act of union, we, as Scottish subjects, are 
in any sort liberated from the dutiful obedience which as Scottish 
men we owe to our Scottish king, or from that due loyalty which 
as Scottish subjects we owe to our native sovereign, for maintenance 
of his person, greatness, and authority ; or that thereby we are in 
any other condition in these, necessary duties to our sovereign than 
we and our ancestors were and have been these many ages and 
descents, before the making of the said act, or before the swearing 
and subscribing of our late covenant, by which we have solemnly 
sworn, and do swear, not only our mutual concurrence and assist- 
ance for the cause of religion, and to the utmost of our power, with 
our means and lives, to stand to the defence of our dread sovereign's 
person and authority, in the preservation of religion, liberty, and 
laws, of this church and kingdom ; but also in every cause, which 
may concern his majesty's honour, we shall, according to the laws of 
this kingdom, and duty of subjects, concur with our friends and fol- 
lowers in quiet manner, or in arms, as we shall be required of his 
majesty or his council, or any having his authority. 

Secondly, that if your lordships think it fitting to make any 
answer to the parliament of England their declaration, your lord- 
ships may be pleased not to declare, enact, or promise any thing 
which may trouble or molest the peace of this kirk and kingdom ; 
which by God's special grace, and his majesty's favour and goodness, 
we enjoy and have established unto us according to our hearts' 
desire, by the laws ecclesiastical or civil of this kingdom respective, 
and which his majesty since, by so many declarations and deep pro- 
testations, hath sworn to maintain inviolably. 

Thirdly, that your lordships may be pleased to consider, that as 
nothing will more diminish his majesty's greatness, than that this 
kingdom should consume in civil war ; so nothing will more con- 
duce to the suppressing of insolent papists, malignant, schismatic, 
and disloyal Brownists and Separatists, the special, if not the sole 
promovers of these unhappy misunderstandings, than that heartily 
and freely, without respect of worldly and secondary considerations, 
we give to Christ what is Christ's and to Caesar what is Caesar's ; 
by means whereof the truth and purity of religion shall be esta- 
blished, to the utter confusion of all these sectaries, true monarchical 
government firmly settled ; by which likewise laws and authority 
shall retain their ancient vigour and force, to the suppression of all 
commotions and tumultuous conventions, the bane and overthrow of 
all true religion and policy. 

Fourthly, although there be nothing farther from our minds than 



— 29. it was condemned by all the ministers. (1643.) 267 

to presume to question or crave of your lordships an account of 
your actions, knowing perfectly, by the inviolable laws and customs 
of this kingdom, that to be only proper and due to the king and 
parliament, from whence you have that great charge and trust de- 209 
livered unto you : yet we hope your lordships will give us leave, in 
all humility, to remember your lordships of your deliverance June 
1642, and are confident that the said lords, the petitioners, neither 
have nor shall have necessity to trouble themselves nor the council 
with supplications of this kind, and that your lordships, in your wis- 
dom, will take some course for preventing all occasions which may 
in any sort disturb the peace of this kingdom or make division 
among the subjects thereof. 

29 This petition was signed by a great many noblemen and 
gentlemen ; but though they took much pains to get minis- 
ters to concur in it, yet none of them could be drawn to it. 
This petition was presented with many hands at it to the 
council ; and it was observed, that as it was written by a 
trusty friend of the marquis's, so also all his friends signed 
it, which made the author suspected, and did shew that his 
friends adhered (hitherto) to their duty and his example. 
All the answer the councillors returned to it was, that they 
should be careful to proceed as they should be answerable : 
but the preachers threatened damnation to all the authors 
and subscribers of it, and detestable neutrality became the 
head on which they spent their eloquence. The commission 
of the general assembly passed a severe censure on the cross 
petition, in a remonstrance they gave in against it, which w-as 
answered by a counter-remonstrance. Upon these cross tides 
of petitions that were offered to the council, the conservators 
of the peace resolved to send some commissioners to London, 
to mediate betwixt the king and the two houses, and endea- 
vour chiefly the uniformity of church-government ; for which 
end the commission of the kirk was also to send their com- 
missioners to second them in it : and no resistance could be 
made to this, that was able to obstruct it. They also moved 
that the king should be desired to call a parliament in Scot- 
land. The marquis and his friends opposed this vigorously, 
not that he was against a parliament, but judged the motion 
unseasonable ; and thought the time prefixed at the last par- 
liament, for the next, to wit, after three years, needed not be 



268 Lanerick discovers the inclination of the church party. IV. 29 — 

anticipated. It was also put in their instructions to their 
commissioners, to press the king to put all papists from his 
person. The marquis and his friends also opposed this, not 
upon the account of the thing itself, but because it seemed to 
cast a scandal upon the king, as if his religion were to be 
suspected. But the church-party was strongest in this meet- 
ing of the conservators, and so carried every thing in it. The 
safe-conducts being come, they named their commissioners, 
the chancellor being the chief of them ; and though Lanerick 
in the king's name excepted against the lord Waristoun, and 
produced the king's warrant for it, yet they named him, but 
were so wise as not to send him. They were also so discreet, 
that they appointed the commissioners to go first to the king. 
Things being thus determined, Lanerick took the start of 
them ; but they were at court before him, he being detained 
by a garrison of the parliament's for some days. 
30 In the end of February he came to Oxford, where he gave 
the king an account of the present state of the Scottish 
affairs, and that it was the advice of his majesty's truest 
friends in Scotland that he should entertain the commis- 
sioners with the best words he could give them, but should 
not by any means suffer them to go to London, since there 
were great grounds to fear they would engage too deep in 2 10 
the quarrel if they went thither. This advice agreed so with 
the king's inclinations, that it could meet no resistance in his 
thoughts. When the commissioners arrived, they delivered 
their message ; but the king repeated what was formerly told 
them, that Scotland and England had different laws and 
interests, and therefore it was to give the one kingdom too 
great an advantage over the other, to suffer them to come 
and be umpires in the present differences. They pressed their 
desires as warmly as they could, but all was in vain, for the 
king would by no means suffer them to go to London ; and 
in particular he told the earl of Lowdon what grounds he had 
to believe they designed to raise an army for the parliament's 
quarrel, and that some of his fellow -commissioners would 
prove incendiaries rather than mediators. But Lowdon with 
great protestations denied that they designed to raise arms, 
and said to the king, these were but the misrepresentations 
with which the marquis and his brother abused his majesty. 



\ 



— 33. His majesty 's answer to the commissioners. (1643.) 269 

As for the calling a parliament, the king said he saw no 
reason for it, and therefore would not anticipate the day that 
was already prefixed for it. But to the commissioners from 
the assembly the king gave the following answer, which I set 
down in his own words, having it written all with his majesty's 
own hand : 

31 His majesty commends the zeal of the petitioners for the advance- 
ment of the true reformed religion, against heresy, popery, sects, in- 
novations, and profanity, and always shall use his best and uttermost 
endeavours for advancing the one and the utter suppressing the rest. 

For the unity in kirk government, his majesty knows that the 
government now established by the laws hath so near a relation and 
intermixture with the civil state, (which may be unknown to the 
petitioners,) that till a composed digested form be presented to him, 
upon a free debate by both houses of parliament, whereby the con- 
sent and approbation of the whole kingdom may be had, and he and 
all his subjects may discern what is to be left or brought in, as well 
as what taken away, he knows not how to consent to an alteration, 
otherwise than to such an act for the ease of tender consciences, in 
the matter of ceremonies, as his majesty hath often offered. 

And his majesty hath formerly expressed himself (and still con- 
tinues) willing that the debates of religion may be entered into by a 
synod of learned and godly divines, to be regularly chosen, accord- 
ing to the laws and customs of this kingdom ; to which end his 
majesty will be very willing that some learned divines of the kirk of 
Scotland may be likewise sent to be present, and offer their reasons 
and opinions, 

32 This was the success of that negotiation; but because the 211 
reader may wonder how Lowdon and the marquis came to be 

in such terms, I shall set down the occasion of their breach. 

33 When Lowdon was to go up, the marquis resolved on a 
course that should either stop his journey, or make him so 
obnoxious to the king that he should not dare to act contrary 
to his duty ; which was this : Lowdon had purchased from the 
king a right to the annuities of the tithes that was confirmed 
to his majesty by act of parliament, whereupon the marquis 
caused the following petition to be drawn by Traquair's 
advice. 



270 The petition against the annuities. IV. 34 — 

34 To the king's most excellent majesty, the humble petition of the 

noblemen, barons, and gentlemen, occasionally 
met at Edinburgh, 

Humbly sheweth, 

That whereas your majesty at your late being in Scotland, being 
humbly moved to disburden and liberate the subjects of this kingdom 
of the annuity due to your majesty out of the tithes, were pleased in 
that only particular to delay to give us our heart's desire, and now, 
out of the sense of the great burdens that lay on us, and in confidence 
of the continuance of your majesty's fatherly care of the good of 
your subjects, we presume humbly to supplicate your majesty to be 
graciously pleased in this particular to dispense with your own 
benefit : or at least till your majesty be informed of the true state 
thereof, to discharge execution against us for the said annuities. 
And for your majesty's incomparable goodness and gracious favours, 
we shall, as in duty bound, behave ourselves in every thing as 
becometh loyal and faithful subjects. As we have unanimously en- 
deavoured, so shall we still continue to return such thankful acknow- 
ledgment, as may give to your majesty a real testimony of our zealous 
affections to your majesty's sacred person, honour, and greatness, 
derived upon your majesty by so many unparalleled descents, and as 
your majesty may expect, and justly challenge from the allegiance of 
us your majesty's most obedient and obliged subjects. 

\6th February, 1643. 

35 The last words of this petition were by the first draught so 
conceived as would have amounted to a bond of mutual de- 
fence and adherence, which the marquis thought might draw 
on a rupture, and occasion a pursuit as against plotters ; there- 
fore, since this paper was to be avowed and public, he judged 
such expressions as were smooth and general were fittest for 
their design. 

36 This petition was signed by him and a great many of the 
nobility ; he also sent it up and down all the places where he 
or his friends had interest, to get subscriptions to it. This 
was generally looked upon as a well couched bond, both by 
such as took it and those who refused it ; and yet this 
smoothing of the expressions of it was represented by the 
marquis's enemies as done in prejudice to the king's service. 
These petitions were sent immediately to the king ; upon 
which great complaints were made, as if by these immediate 212 



-38. The queen arrives in England. (1643.) ^71 

addresses the judicatories of Scotland had been neglected : 
but the king justified that part of it in an answer he wrote to 
the council; and for the thing itself, he resolved to keep 
Lowdon under the fear of it, and therefore delayed to make 
any answer. 

37 In the end of February her majesty landed at Burlingtown, 
whither the earl of Montrose went to represent to her the 
hazard of a new rebellion in Scotland, and that the only way 
to prevent it was to take the start of them before they were 
ready ; and with a great deal of forwardness offered his service 
in that design, adding, that he had great assurances of a con- 
siderable party, who he knew would own the king's quarrel : 
but he did not condescend on the particular way of prosecuting 
it, so that the queen was not satisfied of his being able to 
effectuate what he undertook. Meanwhile the marquis hearing 
of her majesty's landing, went to wait on her, to whom she 
proposed the earl of Montrose's offer ; but he studied by all 
means to divert her from listening to it, upon the following 
grounds : 

38 The king had settled a treaty with Scotland, and till that 
were violated on their part, he knew his majesty would never 
consent to a rupture on his part : and the king had so often 
and so lately, in his letters and declarations, protested he was 
resolved unalterably to adhere to the late settlement, that if he 
should now authorize the first breach, it would bring an indelible 
stain upon his honour, and create a perpetual diffidence in his 
subjects of all his concessions and assurances. He confessed 
he had great fears of Scotland, and therefore would undertake 
for nothing but his own faithfulness and diligence; yet he 
hoped to get things kept in agitation all that summer, so that 
for that year there should not be a Scottish army in England. 
But that was the utmost of his hopes ; yet it was much fitter 
to spin out things as long as could be, than to precipitate 
them by an over hasty rupture : besides, he could not see how 
any hopes could be conceived from that design of force. There 
was never a castle nor strength in Scotland in the king's 
power, to which they might retire. The vulgar were still at the 
ministers 1 devotion, and by late and fresh experience they saw 
them all as one man resolved to die in the defence of the 
covenant; and any handful of gentry could be gathered to- 



272 The last answer of the king. IV. 38 — 

gether would signify nothing but to expose their own throats 
to their enemies'* rage, and the king's authority to their hatred 
and scorn: so there remained no hopes but in the highlandmen, 
which he accounted as good as none. Their two chief heads 
were the marquisses of Huntley and Argyle ; the former was 
not to be much rested on, being unable to do what so brisk 
an undertaking required, and they knew well what to expect 
from the other. Besides, any companies could be brought 
down from the highlands might do well enough for a while, 
but no order could be expected from them, for as soon as they 
were loaded with plunder and spoil, they would run away home 
to their lurking holes, and desert those who had trusted to 
them. And after all this, there was a Scottish army in Ireland, 
which was now well trained and disciplined, consisting of ten 
thousand men, who were for the most part at the covenanters' 
devotion, and these would be instantly brought over, there 
being no way to stop their passage : and it was not to be im- 
agined that any body of an army could be raised in Scotland 
able to resist that force. Upon these reasons it was, that he 213 
not only dissuaded the queen from consenting to a present 
breach, but resisted it as long as was possible; yet he under- 
took for none but himself, of which he put the queen frequently 
in mind, and the utmost of his expectation was to drive off 
matters for that year. And in this both my lord Traquair 
and Mr. Murray concurred with him, and desired the whole 
matter might be laid before his majesty, that his pleasure 
might be made known about it ; but after a few days' waiting 
on the queen the marquis returned back to Scotland. 

39 The Scottish commissioners continued all this while at 
Oxford, giving in papers and receiving answers, but advancing 
nothing; and the last answer they got from his majesty, 
the 19th of April, containing both the substance of their 
papers, and of his majesty's former answers, will give a clear 
account of the grounds on which his majesty went. The 
paper follows : 

40 It is acknowledged by his majesty, that if any one of the articles 
of treaty had been broken or violated, (as his majesty doth not so 
much as see pretended,) or any debate or difference had risen there- 
upon, (about which there is now no dispute,) the commissioners had 
then been not only warranted, but obliged to have laboured to pre- 



— 4°- t° the Scottish commissioners. (1643.) 273 

vent all troubles and divisions which might arise by such a breach 
to the disturbance of the common peace, and to remove and compose 
all such differences, according to such power as was granted to them : 
but till his majesty be satisfied that authority (by some law) is given 
to the commissioners for conserving the articles of treaty to repre- 
sent his majesty's native kingdom of Scotland in this offer of medi- 
ating for a desired and blessed pacification here, his majesty cannot see 
how the pious, dutiful, provident, or charitable concernment of that 
kingdom in the calamities of this, or their sympathy and sense of the 
troubles of their head and fellow subjects, can interest the commis- 
sioners any more than any other of his good subjects of that kingdom 
to bestir themselves in matters of that kind, or why any such en- 
deavours should be by any (much less universally) expected from them : 
so far is he from seeing that any undeclinable necessity constrained 
them to it. And since the express words of the act of pacification itself 
are, that the power of the commission shall be restrained to the 
articles of peace concluded in the treaty, his majesty cannot but 
wonder, whence they can pretend any obligation or authority to 
meddle with, or press him concerning any such articles as are not 
included, but still left dependent, how important soever they suppose 
them to be, (even to the common peace) : and it giving them only 
liberty to convene to that effect among themselves, or with the 
commissioners chosen by his majesty with consent of the parliament 
of England, and restraining them in all their proceedings to the 
power granted to them, in manner aforesaid and no otherwise, as 
clearly intending to restrain all power that might be pretended to by 
any inferences, analogies, or consequences, (how manifest soever they 
might appear,) and requiring them to consist of the number of 
twelve, and not giving them power to delegate a smaller number ; 
his majesty cannot consent that that number the laws allow not, 
(that is, three,) should address themselves to those the law hath 
not appointed them, (this is, both houses,) not only concerning that 
which the law intrusted not to them, (as a pacification here,) but 
even concerning that from which the law expressly restrains them, 
that is, one of the articles of the treaty no way concluded or agreed 
on, but expressly reserved by the parliament to be considered in due 
time, that is, in their own time, concerning church government, the 214 
intermixture of which with the civil state, as his majesty still con- 
ceives to be very great, and of very high concernment, and not to be 
understood by the commissioners, who have not the knowledge of 
the laws and policy of this kingdom, so his majesty is confident, 
(notwithstanding the declaration and bill, abolishing the order 
Hamilton. t 



£74 The king's letter to the Scottish commissioners. IV. 40- 

of bishops,) that if they well knew how generally any thing 
of that kind was opposed whilst the houses continued full, and how 
the major part of both houses were absent at the passing of that de- 
claration and bill, (insomuch that his majesty is credibly informed 
that there were not above five lords present when the bill passed,) 
and what violent and tumultuous assemblies had occasioned so great 
and unusual absence, they would be confident, as he is, that in a full 
and peaceable convention of parliament both houses will appear 
to be of the same opinion with his majesty in this particular, and 
to have in that the same thoughts of the law and policy of this 
kingdom. 

His majesty's care that the deluge of the troubles of this kingdom 
affect not that with the danger of the like, is very visible to all the 
world. His majesty, out of his great desire of continuing them in 
peace and tranquillity, not desiring any assistance from them, even 
for his own preservation. And whoever doth desire any commotion 
there, to assist their rebellious and invasive arms here, will (he 
hopes) be looked upon as the troublers of peace, and as incendiaries 
labouring to lay foundations of perpetual hostility betwixt the two 
kingdoms. And then (for aught his majesty can see) there will be 
no cause to expect any commotions there, and such dangers will 
rather prove imaginary than real, though the conservators of the 
treaty contain themselves within their legal and proper bounds. His 
majesty wonders, that since his approbation of their mediation was 
desired when his safe-conduct was asked, and the first was not given 
when the latter was, that it should not have been easily seen by these 
proceedings of his majesty's, that as he never granted the first, (as 
seeing no authority they had for such a mediation,) so he only at 
last granted the other, as being contented to hear what they could 
say to him upon that point, either as private persons, or to give him 
better satisfaction than he could give himself, what right they could 
pretend to any public capacity of that kind : but having heard all 
they have offered, and not finding any thing that warrants them in 
this, in any special manner above his majesty's other subjects, his 
majesty cannot with reason admit of any private persons whatsoever 
into such a public capacity, nor, with his own dignity, and that of this 
nation, can allow his subjects of another kingdom, not authorized by 
any law, to make themselves (under the title of a mediation) umpires 
and arbitrators of the differences here. 

For the calling of a parliament in Scotland, his majesty desires to 
know what promise of his it is which they mention him to have par- 
ticularly expressed to his late parliament. The law which his majesty 



-42. The marquis ivrites to the queen. (1643.) ^^ 

then graciously passed concerning that point his majesty well re- 
members, (and will justly, punctually, and religiously observe it, 
together with all the rest consented to by him,) that the parliament 
there shall convene upon the first Tuesday of June, 1644. And, 
according to the same act, will appoint one betwixt this and that 
day, if his majesty shall think fitting ; who, as he is by that very 
law expressed to be sole judge of that convenience, so the commis- 
sioners are neither by that nor any other law intrusted or enabled 
to judge thereof. 

At Oxford, igth of April, 1643. 

41 In the beginning of April reports came to Scotland that 215 
their commissioners at Oxford were under restraint ; where- 
upon the conservators met, and ordered their speedy return. 
The marquis wrote also to the king, that their return should 

be by no means stopped or delayed ; otherwise he might 
expect present disorders in Scotland : but withal he told him, 
lie apprehended upon their return some great resolution 
would be taken ; therefore he desired his majesty would send 
down all the Scottish lords that were about him, who might 
by their votes in judicatories, or by their interest in the coun- 
try, advance the king's service in Scotland. He likewise de- 
sired his majesty might divide his trust in Scotland among 
those noble persons whose fidelity he did not suspect, that 
thereby both himself might be delivered from the odium and 
danger of acting alone in such tender points and in that 
ticklish time, as also for a further encouragement of those 
who were resolved to adhere to his majesty : and with this he 
wrote the following letter to her majesty, then at York, under 
whose address his letters to the king were to go : 

42 May it please your Majesty, 

There is as yet small or no alteration in the condition of affairs 
in the country since I presumed to trouble your majesty last ; nor 
do I believe there will be any till the fourth of May, at which time 
it is probable the final resolution of the council and commissioners 
for conserving the articles of the treaty will be taken. It is still 
conceived that his majesty's absent servants would be of great use 
at that time ; and the uncertain knowledge, if they will come or not, 
keeps us that are here from a positive resolution what course to 
take therein : therefore I humbly beseech your majesty, let us know 
if by appearance we may expect them or not. 

t 2 



276 The commissioners, being not allowed to go IV. 42 — 

There is a general noise, as if the lord- chancellor and the rest of 
the commissioners were not only kept as prisoners, but in some 
further danger. By Mungo Murray your majesty was advertised 
that it was conceived fit, that seeing those that sent them had so 
positively recalled them against the fourth of May, they should be 
despatched against that time. In our opinions there was no danger 
now to be apprehended by their home-coming, but there would 
arise great inconveniences if they should be detained : of that same 
judgment we continue to be still. 

We do likewise humbly entreat that we may know, if what was 
proposed to your majesty by my lord of Traquair. Mr. Murray, and 
myself, be come to his majesty's knowledge : and if we may expect 
the signification of his pleasure against the fourth of May, in these 
particulars, which we exceedingly wish. 

By the lord Montgomery your majesty will know how far the 
general hath promised his best endeavours that his majesty shall 
receive no prejudice from the army under his command in Ireland ; 
the same he hath confirmed to me with deep protestations, and 
truly I take him to be a man of that honour that he will per- 
form it. 

But the truth is. it will be a work of great difficulty to keep these 

men there any time, seeing there is little appearance that money 

will be got from the parliament of England, and how to raise any 

considerable sum here, as yet we see not ; so even in this we desire 

to know your majesty's pleasure and directions, what course will be 

fitest to be taken ; and if your majesty shall find it expedient, that % \6 

we engage our fortunes for their supply, many of us will do it to the 

last penny, and none more readily than, 

Mav it please your majesty, the humblest, 

most faithful, and most obedient of all 

„ „ M vour maiesty's servants, 

Peebles, 21 st April, J J J 

1643. Hamilton. 

43 But at Oxford the commissioners insisted warmly for a 
permission to go to London for mediating ; and his majesty 
persisting in his refusal, the lord- chancellor resolved on making 
a protestation, that his majesty, by not suffering them to go 
to Westminster, had violated the safe-conduct. My lord 
Lindsay, who was ordered to come from London, and second 
the chancellor in this negotiation, did all he could to divert 
him from that resolution ; but the other said he had positive 
orders from Scotland ; he was also piqued with the petition 



-43- to London, return to Scotland. (1643.) ~^7 

about the annuities, and got a great disgust by a letter of his 
lady's, which not coming under a right cover had been inter- 
cepted, and brought to his majesty, wherein severe things 
were said against the king's cause and party ; and particu- 
larly the marquis was bitterly inveighed against for having 
given himself up so entirely to the king's service, that he 
designed the ruin of all who opposed it. The chancellor 
came, and made his last address to the king, for liberty to 
enter on a mediation betwixt him and the two houses : add- 
ing, that if that were denied, he would be constrained to pro- 
test in the names of them who sent him, that his majesty's 
conduct was violated. But the king was not shaken with it, 
only he took the chancellor apart, and used many persuasions 
to divert him from it, and made him great offers if he would 
comply with his desires : for the king apprehended that it 
might have precipitated a breach betwixt him and Scotland. 
But the chancellor said he acted by a trust committed to 
him, which he must discharge faithfully, and obey the orders 
sent him from those in whose name he came ; and said much 
to assure the king there was no design in Scotland to own 
the quarrel of the two houses against his majesty, and pro- 
tested he should die rather than concur in such courses. But 
this did not satisfy his majesty; whereupon, finding the chan- 
cellor could not be wrought upon, his next attempt was upon 
Lindsay, to whom he spake with more freedom, and told him 
in how great a strait he was ; for it seemed, if he refused to 
allow their going to Westminster a breach might follow be- 
twixt him and his native kingdom : but on the other hand, 
he could not permit them to go, both because of the reasons 
he had alleged, and the fears he had of their engaging with 
the parliament ; and chiefly, that all his councillors and officers 
at Oxford were so far against it, that he heard it was whispered 
amongst them that they would all forsake him if he gave 
them leave, since they held themselves assured that the design 
of their going was to bring an army from Scotland : where- 
fore he entreated Lindsay would serve him in that particular, 
which he undertook frankly, though he added he had small 
hopes, since he had already attempted as much as he could 
with no success. But as he left his majesty he made a visit 
in his way to his lodgings, where he met the earl of Crawford, 



278 The queen writes to the marquis. IV. 43 — 

who told him plainly, that though the king should consent to 2 1 7 
their going to London, thither should the}' never get ; for a 
great many were resolved to lie in their way, and cut them all 
to pieces ere they were many miles from Oxford. This he 
confirmed to him with many oaths, adding, that as the king 
knew nothing of it, so it would not be in his power to hinder 
it ; and out of kindness to my lord Lindsay, he advised him 
not to go, though the chancellor went. With this Lindsay 
came to his lodgings, and showed the lord- chancellor the 
hazard, not only their lives would be in, but of the irrepara- 
ble breach would follow upon it ; which being considered by 
them, it was resolved they should pass from their desires, and 
crave the king's commands for Scotland, since they would not 
offend him by the importunity of an unacceptable mediation : 
which they accordingly did, to his majesty's great satisfaction. 
And so they took leave, the chancellor with the other com- 
missioners going for Scotland ; only Lindsay returned to Lon- 
don. Upon this, his majesty sent all the Scottish lords then 
at court to Scotland, to serve him there, who were the earls 
of Morton, Roxburgh, Kinnoul, Annandale, Lanerick, and 
Carnwath ; but before they could be despatched, he sent Mr. 
Murray to Scotland with an account of his opinion about the 
services his friends might do him there ; who came by York, 
and brought from the queen the following letter to the mar- 
quis, in answer to what he had written to her majesty : which 
(though written in French, as all her private letters were, 
yet) I shall set down, translated in English, that all may run 
more smoothly : 

44 Cousin, 

I received your letter with the assurances of the continuance of 
your affection, of which I hold myself secure, and make no doubt to 
see both the effects of it and of that which you promised me at 
your parting concerning my lord of Argyle. Will. Murray came 
yesterday from Oxford : as for news from hence, I refer you to 
Henry Jermine, who will give you an account of them : I shall only 
tell you, that the Scottish lords who were with the king are on 
their way for Scotland, so likewise are the commissioners that Were 
with the king. You will know from Will. Murray the king's an- 
swers to the propositions which you made me at York. I am very 
glad to know by your letter, as likewise by what my lord Montgomery 



— 45* ^ convention of estates is called. (1643.) 279 

hath told me, the protestations general Lesly makes concerning the 
armies in Ireland ; and now, when all the king's servants shall be 
together, you must think of the means for preserving that army : 
for my part I know not what to say farther about it ; I am now upon 
my going to the king, and hope to part hence within ten days. If 
there be any thing that hath occurred of late, I shall be glad to 
know it, and that you will believe how much I am 

Your affectionate cousin and friend, 

Henrietta Maria R. 

45 About the beginning of May, Lowdon and the other com- % \ 8 
missioners came down, and a day after them came the earl of 
Morton, who told the marquis, that in a few days he should 
see the earls of Eoxburgh, Kinnoul, and Lanerick, with the 
king's instructions ; but by reason of KinnouFs infirmity, and 
Roxburgh's age, they moved slowly. On the 21st of May the 
junto of the church-party moved that there might be a joint 
meeting of the council and conservators of the peace and 
commissioners for public burdens, to consider of the present 
state of affairs. The marquis and Morton resisted this all 
they could, but they were overruled ; and so these judicatories 
met : to them it was proposed, that considering the hazard 
the nation was in, by reason of armies which were now levy- 
ing in the north of England, there was a necessity of putting 
the kingdom in a posture of defence, which could not be done 
without a convention of estates or a parliament ; wherefore it 
was moved that a convention of estates should be presently 
called. The marquis argued much against it, shewing that 
this was to encroach upon the king's prerogative in the 
highest degree, and so would be a direct breach of the peace 
with the king, and against the laws of the land ; adding, was 
this all the acknowledgment they gave the king for his late 
gracious concessions, for this struck at the root of his power. 
In this he was seconded by my lord Morton, but most vigor- 
ously by sir Thomas Hope the king's advocate, who debated 
against it so fully, from all the law 7 s and constant practice of 
Scotland, that no answer could be alleged ; and indeed dis- 
charged his duty so faithfully, that the marquis forgave him 
all former errors for that day's service. But it was in vain to 
argue where the resolution was taken on interest more than 
reason; so it was carried that the lord-chancellor should 
summon a convention of estates against the 2 2d of June. 



280 



The commissioners write to his majesty. 



IV. 4 5 - 



This resolution being taken, they gave advertisement of it 
to the king in the following letter, which all who voted against 
it refused to sign : 

46 Most dread Sovereign, 

The extreme necessity of the army sent from this kingdom, by 
order from your majesty and the parliament here, against the re- 
bellion in Ireland ; the want of means for their necessary supply, 
through the not payment of the arrears and maintenance due to 
them by the parliament of England ; the delay of the payment of 
the brotherly assistance, so necessary for the relief of the common 
burdens of this kingdom, by reason of the unhappy distractions in 
England, and the sense of the danger of religion, of your majesty's 
royal person, and of the common peace of your kingdoms, have 
moved your majesty's privy- council, the commissioners for conserv- 
ing the peace and common burdens, to join together in a common 
meeting, for acquitting ourselves in the trust committed to us by 
your majesty and the estates of parliament ; and having found, after 
long debate and mature deliberation, that the matters before-men- 
tioned are of so public concernment, of so deep importance, and so 
great weight, that they cannot be determined by us in such a way 
and with such hope of success as may give satisfaction to your 
majesty, serve for the good of this your majesty's kingdom, and as 
may make us answerable to the trust committed to us by your ma- 
jesty's parliament ; we have been constrained to crave the advice 
and resolution of a convention of the estates to meet June 2 2d, 
which, as according to the obligation and duty of our places we are 219 
bound to shew your majesty, so do we humbly entreat, that against 
the time agreed upon by common consent your majesty may be 
graciously pleased to acquaint us with your pleasure and command- 
ments, that matters may be so determined, as may most serve for 
the honour of God, your majesty's service, and well of your king- 
doms ; which now is and ever shall be the earnest desire and con- 
stant endeavour of 

Your majesty's faithful and humble 
subjects and servants, 
Lowdon Cancellarius, 

Leven Balmerino T. Myrton J. Home 

Argyle Yester Tho. Hope T. Wauchop 

Cassilis Burghley A. Johnstoun T. Raffrerland 

Dalhousy Balcarres T. Hepburne T. Bruce 



Lauderdale Gibson-Dury . J. Hamilton J. Smith 



Edward Edgar 
J. Binny 
W. Glendoning 
Hugh Kennedy 
G. Gourd on 



Edinburgh, 2 th May, 
1643. 



-47 • The king's instructions to the marquis and others. (1643.) ^81 

47 Three days after this came the lords who were sent down, 
who being all met, Lanerick delivered the following instructions 
from his majesty : 

Charles R. 
Instructions to our right trusty and well-beloved cousins and councillors, 
James marquis of Hamilton, William earl of Morton, William earl 
of Glencairn, Robert earl of Roxburgh, George earl of Kinnoule, 
David earl of Southesk, William earl of Lanerick. 

I. That you endeavour by all fair and lawful means to prevent 
division among our subjects in Scotland. 

II. That you give all the assurances in our name which can be 
desired, of our resolution to preserve inviolably the government of 
that kingdom, as it is now established by assemblies and par- 
liaments. 

III. That vou take what courses you shall think most fit for 
causing print and publish, either in Scotland or at York, our Decla- 
ration, which we now send with you to that our kingdom, and all 
such other papers as we shall hereafter send thither, or which you 
shall conceive may conduce to the good of our service ; and for that 
purpose make use of such blanks as we have thought fit to intrust 
you with. 

IV. That seeing we perceived by Pickering's letters our two 
houses of parliament intend to send commissioners or agents to 
Scotland, you shall endeavour by all fair means to hinder any of our 
judicatories to treat with them, and for that purpose make use of any 
of the foresaid blanks. 

V. That seeing we conceive it would exceedingly conduce to the 
good of our service that the lords of session would explain the com- 
mission granted by us and our parliament to the conservators of the 
treaty, you shall for that purpose likewise make use of the foresaid 
blanks, either to them all in general, or to such of them in particular l%o 
as you shall think most fit. 

VI. That you endeavour to hinder the liberty which (possibly) 
ministers may take to themselves in the pulpits of censuring our 
actions or stirring up the people against us, and to that purpose make 
use of the said blanks to the council or commissioners of the assem- 
bly as you shall think necessary. 

VII. That in case you apprehend any danger to our service from 
the return of the Scottish army in Ireland, you shall declare our rea- 
diness to contribute any thing which is in our power for the main- 



282 The king's instructions to the marquis and others. IV. 47 — 

tenance thereof, even to the engaging of our revenues in Scotland, 
for raising monies to be so employed ; and to that end yon shall 
make use of the foresaid blanks. 

VIII. If you shall find it necessary, you shall likewise make use 
of some of the blanks to the council, declaring expressly our pleasure 
that that army shall not be recalled until we be acquainted therewith, 
and to the earl of Leven, discharging him to obey any orders what- 
soever for that end until he know our further pleasure. 

IX. If you shall find it necessary, you shall make use of some 
blanks to our council, recalling all former commissions which have 
been granted for levying and transporting of men out of that king- 
dom over to France or Holland. 

X. You shall make use of these blanks to some of our council and 
exchequer, for discharging the arrears, and disposing a plenary right 
of the annuities to those particular persons that 4iave petitioned us 
thereabout, and to surcease all execution against all others until the 
3 1st day of August next. 

XL You shall make use of these blanks to such of our council and 
others, as you shall find fit, for encouraging ^them to^ attend the 
meetings of our council, and to continue the testimonies of their 
affection to our service, with assurance of our resentment thereof. 

XII. We do hereby authorize our secretary the earl of Lanerick, 
by your advices to fill up these blanks, and to sign them with our 
court signet; and for his and your so doing this shall be your 
warrant. 

From Oxford, the 2 1 st April, q t> 

1643. 

48 Besides this, Lanerick told that it was the king's positive 
pleasure that the first breach should not come from his party ; 
but they should draw out things as long as was possible before 
they hazarded on a rupture. 

49 As for the king's Declaration, the first draught whereof is 
extant, marked and corrected by the king's hand, it being so 
home and clear, though very long, I shall not contract it, but 
set it down at length. 

His majesty's Declaration to all his loving subjects in 221 

his kingdom of Scotland. 

50 Charles R. 

As there hath been no mean left unattempted which the malice 
and wit of rebellion could devise to infect and poison the affections 
and loyalty of our good subjects of our kingdom of England, and 



-50. His majesty's Declaration. (1643.) ^^ 

to withdraw their hearts from us by the most pernicious and despe- 
rate calumnies that could be invented to undervalue and lessen our 
reputation with foreign princes, by injuries and affronts upon their 
public ministers, and by presuming to send agents qualified for ne- 
gotiation without our consent, and in truth to expose us and our 
royal authority to scorn and contempt, by assuming a power over 
us ; so the pernicious contrivers of these bloody distempers have not 
delighted in any art more than in that by which they have hoped to 
stir up our good subjects of that our native kingdom of Scotland to 
join with them, and to infuse in them a jealousy and disesteem of our 
true affection and our gracious intentions towards that nation. To 
this purpose they have used great industry to convey into that our 
kingdom and to scatter and disperse there divers seditious pamphlets, 
framed and contrived against our person and government, and have 
sent agents of their own to reside there ; and to promote their de- 
signs, one of whom, lately resident there, one Pickering, by his 
letters of the 9th of January, to Mr. Pym, assures him of the con- 
currence of that kingdom, and that the ministers in their pulpits 
do in downright terms press the taking up of arms, and in another 
of his letters to sir John Clotworthy, says, that the trumpet sounded 
to the battle, and all cried, Arm, arm, with many other bold, 
scandalous, and seditious passages, very derogatory from the duty 
and affection which we are most confident our good subjects of that 
our native kingdom bear to us. To this purpose they traduce us 
with raising and making war against our parliament, of having an 
army of papists, and favouring that religion ; of endeavouring to 
take away the liberty and propertv of our subjects : and upon these 
grounds they have presumed by a public declaration to invite our 
good subjects of our kingdom of Scotland to join with them, and to 
take up arms against us their natural liege lord. Lastly, to this 
purpose they endeavour, as well in public as by secret insinuations, 
to beget an apprehension in them, that if we prevail so far here, as 
by the blessing of God to preserve ourself from the ruin they have 
designed to us, the same will have a dangerous influence upon that 
our kingdom of Scotland, and the peace established there ; and that 
our good laws lately established by us for the happiness and welfare 
of that our native kingdom will be no longer observed and maintained 
by us, than the same necessity which they say extorted them from 
us. hangs upon us, but that we will turn all our forces against them : 
a calumny so groundlessly and impiously raised, that if we were in 
any degree conscious to ourself of such wicked intentions, we should 
not only not expect a dutiful sense in that our native kingdom of our 



284 His majesty's Declaration to all Ms loving IV. 50. 

sufferings, but should think ourselves unworthy of so great blessings 
and eminent protection as we have received from the hands of the 
Almighty, to whom we know we must yield a dear account for any 222 
breach of trust or failing of our duty toward our people. 

But as we have taken special care from time to time to inform our 
good subjects of that our native kingdom of the occurrences here, 
particularly by our Declaration of the 1 2th of August, wherein is a 
clear, plain narration of the beginning and progress of our sufferings 
to that time ; so the bold and unwarranted proceedings of these 
desperate incendiaries have been so public to the world, that our good 
subjects of Scotland could not but take notice of them, and have 
observed, that after we had freely and voluntarily consented to so 
many acts of parliament, as not only repaired all former grievances, 
but also added whatsoever was proposed to us for the future benefit 
and security of our subjects, insomuch as in truth there wanted 
nothing to make the nation completely happy but a just sense of 
their own excellent condition, a few discontented, ambitious, and fac- 
tious persons so far prevailed over the weakness of others, that in- 
stead of receiving that return of thanks and acknowledgment which 
we expected and deserved, our people were poisoned with seditious 
and scandalous fears and jealousies concerning us ; we were encoun- 
tered with more unreasonable and importunate demands, and at last 
were driven through force and tumults to flee from our city of 
London, for the safety of our life. After which, we were still pursued 
with unheard-of insolences and indignities ; and such members of 
either house as refused to join in these unjustifiable resolutions were 
driven from these councils, contrary to the freedom and liberty of 
parliament, insomuch that above four parts of five of that assembly 
was likewise forced, and are still kept from thence ; our forts, towns, 
ships, and arms were taken from us, our money, rents, and revenue 
seized and detained ; and that then a powerful and formidable army 
was raised and conducted against us, (a good part of which was 
raised and mustered before we had given our commissions for raising 
one man ;) that all this time we never denied any one thing but what 
by the known law was unquestionably our own ; that we earnestly 
desired and pressed a treaty, that so we might but know at what price 
we might prevent the miseries and desolation that were threatened ; 
that this was absolutely and scornfully refused and rejected, and we 
compelled, with the assistance of such of our good subjects as came 
to our succour, to make use of our defensive arms for the safety of 
our life, and preservation of our posterity. What passed since that, 
battle hath been given us, our own person and our children endea- 



subjects in the kingdom of Scotland. (1643.) ^85 

voured to be destroyed, those unheard-of pressures have been exer- 
cised upon our poor subjects by rapine, plundering, and imprison- 
ment, and that confusion which is since brought upon the whole 
excellent frame of the government of this kingdom, is the discourse 
of Christendom. We are very far from making a war with or 
against our parliament, of which we ourselves are an essential part : 
our principal quarrel is for the privileges of parliament, as well those 
of the two houses as our own ; if a few persons had not, by arts and 
force, first awed and then driven away the rest, these differences 
had never arisen, much less had they ever come to so bloody a de- 
cision. We have often accused these persons against whom our 
quarrel is, and desired to bring them to no other trial than that of 
the law of the land, by which they ought to be tried. As we have 
been compelled to take up these defensive arms for the safety of our 
pfe, assaulted by rebellious arms, the defence of the true reformed 
protestant religion scornfully invaded by Brownists, Anabaptists, and 
other independent sectaries, (who in truth are the principal authors and 223 
sole fomenters of this unnatural civil war,) for the maintenance of the 
liberty and property of the subjects, maliciously violated by a vast 
unlimited arbitrary power, and for the preservation of the right, 
dignity, and privileges of parliament, almost destroyed by tumults 
and faction : so what hath by violence been taken from us, being 
restored, and the freedom of meeting in parliament being secured, 
we have lately offered (though we have not been thought worthy of 
an answer) to disband our army, and leave all differences to the 
trial of a full and peaceable convention in parliament, and we cannot 
from our soul desire any blessing from heaven more than we do a 
peaceable and happy end of these unnatural distractions. 

For the malicious groundless aspersion of having an army of 
papists ; though in the condition and strait to which we are brought, 
no man had reason to wonder if we received assistance from any of 
our subjects of what religion soever, who by the laws of the land 
are bound to perform all offices of duty and allegiance to us ; yet it 
is well known that we took all possible care,, by our proclamations, 
to inhibit any of that religion to repair to us, which was precisely 
and strictly observed, (notwithstanding even all that time we were 
traduced as being attended by none but papists, when in a month 
together there hath not been one papist near our court,) though great 
numbers of that religion have been with great alacrity entertained in 
that rebellious army against us, and others have been seduced, to 
whom we had formerly denied employment, as appears by the ex- 
amination of many prisoners, of whom we have taken twenty and 



286 The king's Declaration to Ms subjects in Scotland. IV. 50 — 

thirty at a time, of one troop or company, of that religion. What 
our opinion is of that religion, our frequent solemn protestations be- 
fore Almighty God, who knows our heart, do manifest to the world ; 
and what our practice is in religion, is not unknown to our good 
subjects of that our native kingdom. And as we have omitted no 
way our conscience and understanding could suggest to be for the 
promoting and advancing the protestant religion ; so we have pro- 
fessed our readiness, in a full and peaceable convention of parliament, 
to consent to whatsoever shall be proposed by bill, for the better 
discovery and speedier conviction of recusants, for the education of 
the children of papists by protestants in the protestant religion, for 
the prevention of the practices of papists against the state, and the 
due execution of the laws, and true levying of penalties against them ; 
so we shall further embrace any just Christian means to suppress 
popery in all our dominions, of which inclination and resolution of 
ours that our native kingdom hath received good evidence. 

For the other malicious and wicked insinuations, that our success 
here upon the rebellious armies raised to destroy us will have an in- 
fluence upon our kingdom of Scotland, and that we will endeavour 
to get loose from those wholesome laws which have been enacted 
by us there, we can say no -more, but our good subjects of that 
kingdom well remember, with what deliberation, ourself being pre- 
sent at all the debates, we consented to these acts: and we do 
assure our subjects there, and call God Almighty to witness of the 
uprightness and resolution of our heart in that point, that we shall 
always use our utmost endeavours to defend and maintain the rights 
and liberties of that our native kingdom, according to the laws esta- 
blished there, and shall no longer look for obedience than "we shall 
govern by the laws. And we hope that our zeal and carriage, only 
in defence of the laws and government of this kingdom, and the 
subjecting ourself to so great hazard and danger, will be no argu- 224 
ment, that when the work is done, we would pass through the same 
difficulties to alter and invade the constitutions of that our other 
kingdom. We find disadvantages enough to struggle with in the 
defence of the most upright, innocent, just cause of taking up arms ; 
and therefore if w 7 e wanted the conscience, we cannot the discretion 
to tempt God in an unjust quarrel. The laws of our kingdom shall be 
always sacred to us ; we shall refuse no hazard to defend them, but 
sure we shall run none to invade them. 

And therefore we do conjure all our good subjects of that our 
native kingdom, by the long happy and uninterrupted government 
of us, and our royal progenitors over them, by the memory of those 



-52. The marquis is created duke. (1643.) ^7 

many large and public blessings they enjoyed under our dear father, 
by those ample favours and benefits they have received from us, by 
their own solemn national covenant, and their obligation of friend- 
ship and brotherhood with the kingdom of England, not to suffer 
themselves to be misled and corrupted in their affections and duty 
to us, by the cunning malice and industry of those incendiaries and 
their adherents, but to resist and look upon them as persons who 
would involve them in their guilt, and sacrifice the honour, fidelity, 
and allegiance, of that our native kingdom, to their private ends 
and ambition. And we require our good subjects there to consider 
that the persons who have contrived, fomented, and do still main- 
tain these bloody distractions, and this unnatural civil war, what 
pretence soever they make of their care of the true reformed pro- 
testant religion, are in truth Brownists and Anabaptists, and other 
independent sectaries ; and though they seem to desire an uniformity 
of church- government with our kingdom of Scotland, do no more 
intend, and are so far from allowing the church- government by law 
established there, (or indeed any church- government whatsoever,) as 
they are from consenting to the episcopal : and we cannot but ex- 
pect a greater sense of our sufferings, since the obligations we have 
laid on that our native kingdom are used as arguments against us 
here, and our free consenting to some acts of grace and favour there, 
(which were asked of us by reason of our necessary residence from 
thence,) have encouraged ill-affected persons to endeavour by force 
to obtain the same here, where we usually reside. To conclude, we 
cannot think that our good subjects there will so far hearken to the 
treason and malice of our enemies, as to interrupt their own present 
peace and happiness ; and God so deal with us and our posterity, as 
we shall inviolably observe the laws and statutes of that our native 
kingdom, and the protestations we have so often made, for the de- 
fence of the true reformed protestant religion, the laws of the land, 
and the just privileges and freedom of parliaments. 

51 With these public orders his majesty also sent the marquis 
a patent to be a duke, as a recompense of the great services 
he was then doing and had formerly done him. 

52 Scarce were these lords come to Scotland when one Walden, 
an agent sent from the two houses to Scotland upon the pre- 
tence of the treaty about Ireland, gave in a complaint to the 
council against them, on the account of a letter that was in- 
tercepted, signed by them all at Latham, the earl of Darby's 
house in Lancashire, where they were as they came down ; in 



288 LanericFs account of affairs. IV- 5 2 — 

which they gave the queen some informations and advices 
about the state of the king's affairs in that county. This was 
charged on them as incendiarism, and Walden desired liberty 
to pursue them on that head, whereupon they first drew some 225 
defences: but because these would have been found more 
guilty of the alleged fault than the letter itself, they being 
made up of a justification of the king's arms in England, they 
answered this complaint by a petition, wherein they declared 
they had never instigated the king into a breach with his two 
houses, and that there was nothing on earth they desired 
more earnestly than to see a happy settlement betwixt them ; 
therefore they entreated that no misrepresentations might be 
received or listened to against them. The church-party saw 
this would be a good way to be rid of the trouble and opposi- 
tion they feared from these lords, and therefore cherished 
Walden's motion ; but they were told that they could not fix 
any censure on that matter without judging of the whole 
business ; for if the king's quarrel was just, those lords acted 
as became faithful subjects, whatever might be in that, none 
in England could challenge them for serving him in it, till 
themselves had declared against it, which was not yet done. 
The force of this reasoning constrained them against their 
hearts to yield much more than the authority of the king's 
commands, who having got notice of it from the earl of Lind- 
say, wrote down to Scotland, peremptorily commanding them 
to desist from any such pursuit if it were begun, requiring 
also his advocate to appear for them in his majesty's name if 
they were pursued. 

53 The earl of Lanerick wrote to the king what follows : 

May it plkase your Majesty ; 
I shall here humbly presume to let your majesty know, that before 
any of your Scottish servants who lately parted with your majesty 
at Oxford could possibly come hither, the chancellor had made 
his report to the council and conservators of the treaty, and Mr. 
Henderson to the commissioners of the general assembly, of their 
employments to your majesty, where your answers to their desires 
were found not satisfactory, and thereafter your majesty's council, 
commissioners for the treaty and common burdens, having joined 
together for giving of security for such monies as should be levied for 
the maintenance of your majesty's Scottish army in Ireland, they 



-54. The lords consult how to advise the Icing. (1643.) ^89 

thought fit (without admitting of any delay until your majesty's 
pleasure were known) to call a convention of the estates, as their 
several acts and proclamations to that effect (here enclosed) will 
more particularly shew your majesty. 

And for the present your majesty's servants, who came lately 
hither, having only met with three or four of those whom your 
majesty appointed them to consult with, have thought fit to advise 
with some others of the same affection and forwardness to your 
majesty's service, before they presume to give your majesty any ad- 
vice upon the present occasions, being matters of so great weight, 
and so highly concerning your majesty's service : but they have 
taken the readiest and most speedy course they can think upon for 
meeting and consulting with them ; and thereafter are immediately 
to return hither, from whence they will with all diligence offer unto 
your majesty their humble opinion. In the mean time I have de- 
spatched your majesty's letters to such noblemen and boroughs as 
your majesty was pleased to direct me, shewing your resolution of 
preserving here what you have been pleased so graciously to esta- 
blish in church and state, not having been able to deliver your ma- 
jesty's letter to your council, who were dissolved before my coming, 2,26 
and my lord chancellor is gone out of town, without whose appoint- 
ment there can be no extraordinary meeting ; so that I believe your 
majesty's gracious Declaration to your Scottish subjects cannot be 
published before that time ; nor till then can I be able to give your 
majesty any further account of your affairs here, though in the mean 
time I shall study to serve your majesty faithfully, according to the 
duty of your majesty's 

Most humble, and most faithful, and 
Edinburgh, most obedient subject and servant, 

18th May, 1643. Lanerick. 

54 In the end of May there was a meeting of about thirty 
noblemen, where these two questions were proposed : first, if 
it were fit for the king's service that the convention should 
be suffered to hold ; next, if it held, whether those who were 
well-affected to the king's service should sit in it. There were 
three or four days spent in debating upon these heads : some 
moved, that since by the calling of this convention the other 
party had so far encroached upon the king, they should presently 
break with them : this motion came chiefly from other lords, 
who would not come to that meeting. But it was answered, 
that the king, as he would not give commissions for raising an 
Hamilton. u 



290 A verbal communication is sent from IV. 54- 

army in England till he knew the parliament had first done 
it on their side ; so it was his positive pleasure that his party 
should not make the first breach, which the king judged so 
much for his honour, that no consideration could move him 
to dispense with it : yet these who made that proposition 
were desired to lay down ways how it could be made effectual, 
since it was madness, and not courage, to hazard the ruin of 
the king's service and friends, without at least a likelihood 
of being able to carry it through with some success. 

55 All things being examined, it was concluded that the fol- 
lowing message should be sent to his majesty, which was set 
down in a paper dated the 5th of June ; but because of the 
war in England, they committed it verbally to a trusty bearer, 
lest it had been intercepted. 

56 A convention was indicted by the chancellor, and such others of 
the council as have signed his majesty's letter thereabout, with the 
advice and concurrence of the committees for conserving the treaty 
and common burdens to be kept at Edinburgh the 22d of June : 
whereby it is conceived his majesty suffers exceedingly in his regal 
authority, in the calling thereof without his special warrant. A 
proclamation for the indicting thereof is likewise issued forth in his 
majesty's name, expressing a danger to religion, his majesty's per- 
son, and the peace of this kingdom, from papists in arms in England, 
which in that appears to be contrary to his late Declaration sent to 
Scotland. 

Hereupon divers noblemen and gentlemen well- affected to his 
majesty's service met at Edinburgh, and after three or four days' 
debate, considering the exigency of time, the present posture of 
affairs, and the disposition and inclination of the people of this coun- 
try, did not conceive it fitting that his majesty should absolutely 
discharge tnat meeting, (which certainly would be kept notwith-227 
standing of any discharge from him, which would both bring his 
authority in greater contempt, and lose more of the affections of the 
people, whereby the power of his majesty's servants would be 
lessened,) but rather that his majesty should so far take notice of 
the illegal calling thereof, and his own suffering thereby, that the 
same remaining upon record may be an evidence to posterity, that 
this act of theirs can infer no such precedent for the like in the 
future ; but afterwards his majesty, or his successors, may legally 
question the same. And that his majesty's servants here may be 
better enabled, and strengthened with the assistance of others of his 



— 57» Edinburgh to Ms majesty . (1643.) ^91 

majesty's faithful subjects, who truly and really intend nothing but 
the security of religion as it is here established, and are altogether 
averse from and against the raising of arms, or bringing over the 
Scottish army in Ireland, whereby his majesty's affairs or their own 
peace may be disturbed, they conceive it fit that his majesty should 
permit this convention to treat and conclude upon such particulars 
as may secure their fears from any danger of religion at home, with- 
out interessing themselves in the government of the church of 
England. And in respect that the two houses of parliament have 
not sent supplies for entertaining the Scottish army in Ireland, 
whereby they may have some colour or ground for recalling them, 
it is conceived necessary that this convention should have a power 
from his majesty to advise and resolve upon all fair and legal ways 
for entertaining the said army still in Ireland, and for recovering 
payment of the brotherly assistance : providing always, that in the 
doing thereof no resolution be taken for levying of forces, or doing 
any act whereby this kingdom, or any part thereof, may be put in a 
posture of war, or under any pretence to bring over the Scottish 
army in Ireland, or any part thereof, without special warrant from 
his majesty ; wherewith if such as shall meet at this convention rest 
not satisfied, his majesty's servants here are resolved to protest, and 
adhere to these grounds, and to oppose all other, derogatory to his 
majesty's authority or prejudicial to his service. 

57 The duke by the same bearer wrote to Mr. Jermine, since 
earl of St. Alban's, what follows, which is set down to shew 
how far he was from abusing their majesties, or any about 
them, with hopes of a good issue of affairs in Scotland. 

Noble Friend, 
There is so much said to this bearer by word and in writing, that 
I shall add but little thereto ; only this, which I have often said, 
time is precious, and would not be lost while we are quiet : how 
long that will be, for my own part I cannot tell, so many unhappy 
accidents have intervened of late, that his majesty's service is much 
prejudiced thereby ; I mean not so much your misfortune at Wake- 
field, as other particulars which you will be informed of. However, 
think not that I am discouraged, for never was man more resolute 
to oppose all that shall endeavour the disservice of the king than I 
am, and there are considerable men in this country of the same mind. 
But I ever feared our want of power, and never more than now : 
resolution we want not, but means how to put that in execution : 
and therefore I say, build no confidence, but that you may receive 

u 2 



292 The duke fears the ruin of the fang's affairs in Scotland, IV. 57 — 

great prejudice from hence, notwithstanding all we can be able to 
do, which will be as much as you can expect from men of honour 
so deeply engaged as we are. Having thus freely expressed my 
thoughts to you, it is easy to conjecture what advice I would give : 
you are judicious, and so I shall conclude in a word, lose no oppor- 22o 
tunity that is offered to end your business either by one means or 
other, and esteem of me as 

Your most obliged friend 

Holyrood House, and humble servant, 

June 5th, 1643. Hamilton. 

5° He wrote also the following letter to her majesty : 

May it please your Majesty, 

I had not presumed to have troubled your majesty with any thing 
from me, if your letter I received from Mr. Murray had not encou- 
raged me to hope for your majesty's pardon ; I shall then humbly 
beg this may rather be believed an effect of obedience than 
boldness. 

Upon Tuesday last I delivered to his majesty's council a letter 
from him to them, wherein was enclosed a declaration to his Scottish 
subjects, which was unanimously appointed to be printed and pub- 
lished : but the letter they have written in answer to his majesty 
(a copy whereof I have presumed to send your majesty) did receive 
great opposition, and with difficulty was carried. 

Since, there hath been no public meeting, but it is like there will 
be one appointed upon Wednesday next, where they that came last 
from his majesty are to be accused as incendiaries. 

The great offers are to be made from the two houses of parliament 
are like to work much upon the affections of this country, being 
seconded with an alleged hazard to religion and government from 
papists, pretended to be in arms in England and Ireland ; a popular 
(though groundless) inducement for taking arms in this kingdom ; 
to which though many noblemen (and divers of the gentry) have 
hitherto been averse, yet I both doubt the continuance of their reso- 
lutions, and the power of these few who must and will oppose it. 
The authority the other party receives from the judicatories, the 
absolute power they have of the magazines and ammunition, the 
popular pretences they have of a danger to religion and liberty, gives 
them so great advantages, that 1 cannot but apprehend great dis- 
service to his majesty from hence, if the differences betwixt him and 
his people of England be not quickly decided either by treaty or 
force. 



I — 6o. and writes to the queen : her majesty's answer. (1643.) ^93 

The resolutions about the convention of the States, of such well- 
affected noblemen and gentlemen as are accidentally now in Edin- 
burgh, your majesty will know from the bearer, the particulars being 
of that nature as are not without hazard to his majesty's service 
to be trusted to paper by, 

May it please your majesty, 

the humblest and faithfullest 

of all your servants, 

Hamilton. 

59 To which her majesty wrote the following answer : 229 

Cousin, 
I received your letter, and have given an account to the king of 
what you tell me. I hope the king's faithful servants shall be so 
much the more firm to his service, that the wickedness of others 
appears, and will by their care and diligence prevent the malice of 
others. We bad here a mischance in one of our quarters by the 
negligence of our people ; the greatest loss we have had is known, 
yet we are not at all discouraged, and hope quickly to have a revenge. 
Our army consists (without reckoning the garrisons) of seven thou- 
sand foot and sixty-nine troops of horse, besides my two regiments, 
so that for all our mischance we are in no ill condition. I have news 
from the king, that his army is as strong as Essex's, and that Essex 
dares not advance. The king hath sent prince Maurice to the west 
with two thousand horse and a thousand foot ; the gentlemen of the 
west have promised to raise an army of ten thousand men in six 
weeks, so that I can assure you all our affairs go well. And from 
France (except the death of the king my brother) I have very good 
news, as likewise from Denmark. If the king does not press me to 
go to him quickly, I hope to see Leeds taken before I part. You 
will give a share of these news to all our friends, if any dare own 
themselves such after the house of commons hath declared me 
traitor, and carried up their charge against me to the lords. This I 
assure you is true, but I know not yet what the lords have done 
upon it. God forgive them for their rebellion, as I assure you I forgive 
them from my heart for what they do against me, and shall ever 
continue, as I have promised, 

Your affectionate cousin and friend, 

Henrietta Maria R. 

60 To this he returned the following letter : 

May it please your Majesty, 
I shall not presume to take up much of your majesty's time with 



294 The king writes to the council IV. 60 — 

reading particulars, they being so well known to this faithful bearer : 
therefore I shall only in the general crave liberty to say, that though 
the state of affairs here be far otherwise than I could wish, yet I 
was never so hopeful as at this present that no forces will come 
from hence this summer into England to disturb his majesty's affairs. 230 
Yet no means ought to be neglected in preparing to oppose them, 
(lest they should do otherwise,) nor shall I fail to do the same 
(whatever malice may whisper to the contrary) with all the power 
I have, and as freely venture both life and fortune in that as any 
living shall. So I humbly beseech your majesty to believe, that not 
only in this, but in all which doth concern his majesty's service, my 
part shall be such as I have promised, and as becometh 

The humblest, most faithful, 

and most obedient of all 
Holyrood House, y our majesty's servants, 

10^ June. Hamilton. 

61 The king, having received the letter of advertisement con- 
cerning the convention, wrote down the following answer 
about it : 

Charles R. 

Right trusty and right well-beloved cousins and councillors, and 
right trusty and well-beloved councillors, we greet you well. 

We are much surprised at your letter of the 1 2th of this month, 
whereby it seems you have given order for the calling of a convention 
of the estates of that our kingdom without our privity or authority : 
which, as it is a business we see no reason for at present, and that 
hath never been done before but in the minority of the kings of 
Scotland, without their consent ; so we cannot by any means approve 
of it, and therefore we command you to take order that there be no 
such meeting, till you give us full satisfaction of the reasons for it. 

Given at our court at Oxford, 
2 2d of Map, 6643. 

62 With this he wrote another to the earl of Lanerick, which 
follows : 

Charles R. 

Right trusty and right well-beloved cousin and councillor, we 
greet you well. 

We have herewith sent you copies not only of the letters we lately 
received from Scotland, but also of our several letters to our chan- 
cellor and council there, the originals whereof we leave to your dis- 
cretion, to deliver and make use of as you shall find best for our 



— 64. and to Lanerick. (1643.) ~95 

advantage : but for the business itself, we have heretofore so fully- 
declared to you our own opinion therein, as we need say no more of 
that subject to you. 

We observe in the letter to us, that there are but eleven coun- 
cillors' names to it, and that none of those that are best-affected 
have subscribed it ; and we find that as great, or a greater number 
of councillors, persons of great quality, place, and trust, have not 
subscribed to it. 

Given at our court at Oxford, 
22dofMay, 1643. 

63 Upon what had passed, the lords whom his majesty had 23 1 
trusted resolved to keep up this letter to the council till a 
return came of the message they had sent to his majesty. 
But a few days after that letter was written, the earl of Lind- 
say came from London to Oxford, to receive the king's com- 
mands for Scotland ; to which he was required to go, and sit 

in the convention of estates then summoned. His majesty 
asked his advice, whether he should give way to its sitting or 
not : but he answered, as he durst not advise his authorizing 
of it, so, on the other hand, he might consider if it was like 
that they who had called it without his warrant would desert 
it upon his prohibition, and if his majesty thought fit to dis- 
charge it, he would weigh well what the hazard might be of 
their sitting against his pleasure. All this being considered 
by his majesty, he wrote by him the following letter to my 
lord Lanerick : 

64 Charles R. 

Right trusty and right well-beloved cousin and councillor, we 
greet you well. 

The earl of Lindsay coming hither from London hath assured 
us that the cause of the two houses sending into Scotland, to have 
the lords that went hence sequestered, was, the intercepting of their 
letter sent to our dearest consort, the queen, and nothing else. 

We perceive, by the copy of the resolutions you sent us, with 
what prudence and loyal courage your brother Hamilton and the 
lord advocate opposed at council there the order for calling a con- 
vention of the estates, for which we would have you to give them 
our particular thanks. You and others of our council there, know 
well how injurious the calling of a convention of estates without 
our consent is to our honour and dignity royal ; and as it imports 



296 The king writes to the convention. — The duke IV. 64 — 

us, so we desire all our well-affected servants to hinder it what they 
may ; but shall leave it to them, to take therein such course as they 
shall there upon advice conceive best, without prescribing any way, 
or giving any particular directions. If, notwithstanding our refusal, 
and the endeavours of our well- affected subjects and servants to 
hinder it, there shall be a convention of the estates, then we wish 
that all those who are right affected to us should be present at it ; 
but to do nothing there, but only protest against their meeting and 
actions. We have so fully instructed this bearer, that for all other 
matters we shall refer you to his relation, whereto we would have 
you to give credit. 

Given at our court at Oxford the 29th of May, 1643. 

65 But his majesty, having after that received the advice sent 
him from Scotland, and his own thoughts agreeing with it, 
did on the ] oth of June write the following letter, to be pre- 
sented to the convention : 

66 Charles R. 

Right trusty and well-beloved cousins and councillors, &c. 

We have received a letter dated the 22d of May, and signed by 
some of our council, some of the commissioners for conserving the 232 
articles of the late treaty, and of the commissioners for the common 
burdens : and though it seem strange unto us that those committees 
should sign in an equal power with our council, especially about 
that which is so absolutely without the limits of their commissions ; 
yet we were more surprised with the conclusions taken at their meet- 
ings, of calling a convention of the estates without our special war- 
rant, wherein our royal power and authority is so highly concerned, 
as that we cannot pass by the same, without expressing how sensi- 
ble we are of so unwarrantable a way of proceeding ; and if we did 
not prefer to our own unquestionable right the preservation of the 
present happy peace within that our kingdom, no other considera- 
tion could move us to pass by the just resentment of our own in- 
terest therein. But when we consider to what miseries and extre- 
mities our Scottish army in Ireland is reduced, by reason that the 
conditions agreed unto by our houses of parliament for their main- 
tenance are not performed, and likewise the great and heavy bur- 
dens which we are informed our native kingdom lies under, by the 
not timely payment of the remainder of the brotherly assistance due 
from England, contrary to the articles of the late treaty, and withal 
remembering the industry which we know hath been used, upon 



-6"j. endeavours to keep Scotland true to the king. (1643.) 297 

groundless pretences, to possess our Scottish subjects with an opinion, 
that if God should so bless us here in England as to protect us 
from the malice of our enemies, religion, and the now-established 
government of our native kingdom, would be in danger : we (laying 
aside all consideration of our own particular) resolve on our part to 
endeavour by all possible means to prevent all colour or ground of 
division betwixt us and our good subjects of Scotland ; and there- 
fore do permit you to meet, consult, and conclude upon the best and 
readiest ways of supplying the present wants of our Scottish army in 
Ireland, and providing for their future entertainment there, until 
some solid course be taken for recovering of the arrears due to them, 
and for their constant pay in time coming, according to the con- 
ditions agreed upon in the treaty ; as also to advise upon the best 
way of relieving the public burdens of that our kingdom of Scotland, 
by pressing, by all fair and lawful means, a speedy payment of the 
remainder of the brotherly assistance due from England ; as likewise 
to prevent the practices of such as study to entertain in this our 
kingdom groundless jealousies and fears of innovation of religion or 
government, the preservation whereof (according to our many solemn 
protestations) shall ever be most sacred to us ; providing always, 
that in doing these things nothing be done which may tend to the 
raising of arms, or recalling our Scottish army, or any part thereof, 
from Ireland, but by order from us and our two houses of parlia- 
ment, according to the treaty agreed upon to that effect : and we do 
require you to limit your consultations and conclusions to the fore- 
said particulars. And as by this and many other our former acts 
of grace and favour to that our native kingdom, it clearly appears 
how desirous we are of preserving their affections, and preventing 
all occasions of mistakes betwixt us and them ; so we do expect 
that your proceedings at this time will be such as may shew your 
tender care of us and our greatness, which by so many oaths and 
obligations you are tied to preserve. 

Given at our court at Oxford the 10th of June, 1643. 

67 Meanwhile the duke and his brother advertised both their 233 
majesties of the great apprehensions they had of mischief 
from Scotland, and besought his majesty, that so long as 
they were idle in Scotland he should be busy in England • 
for his good success there was that which would engage most 
to appear for him here ; and they, with those trusted with 
them, made the lord-chancellor understand the hazard he was 



298 The convention sits. IV. 67- 

in if the annuities were discharged, and accordingly filled up 
one of the blanks with a proclamation, discharging them to 
all who had signed the petition against them, which yet re- 
mains, but without a date and signeting. The lord-chancellor 
was very sensible of the ruin of his fortune, which would 
follow from the publishing of that which certainly would be 
popular, as being an ease of the subjects, and therefore pro- 
mised to them to use his utmost endeavours to put all the 
stops he could in the agreement with England : wherefore 
with joint consent they resolved to proceed no further in that 
affair for that time, and accordingly the lord-chancellor was 
very instrumental (though covertly) in getting things kept off 
so long ; for had not much art been used, the church-party 
were inclined, immediately upon the opening of the conven- 
tion, to have engaged in the quarrel for the two houses. 
68 The 2 2d of June came, and the convention sat down, 
(which is a court made up of all the members of parliament, 
but as they are called and sit without the state or formalities 
used in parliaments, so their power is to raise money or 
forces, but they cannot make or repeal laws). The duke and 
his friends, as they answered to their names, declared they 
were present upon the notice they had of the king's warrant- 
ing of the convention. After that, Lanerick delivered the 
king's letter of the 10th of June, and it being read, drew on 
a great debate, which lasted four days, whether the conven- 
tion was free or not, and if bound up to the limits of the 
king's letter or not. The grounds of the debate were, on the 
one side, it was certain that by the law of Scotland no assem- 
bly of that nature could be called but on the king's writ, and 
therefore there was a nullity in the beginning of it ; but that 
now the king ex post facto allowing them as a meeting of his 
subjects to consider of some particulars, they could pretend 
to no authority but what that letter gave them : therefore 
they had not the authority of a convention of estates, but 
were only a meeting of so many subjects to consult of some 
affairs. On the other side it was said, that the convention 
was summoned by a writ under the great seal, which was all 
that the subjects were to look for, they not being concerned 
to look into the king's secret orders or private pleasure : so 
this was a sufficient authority for their sitting ; and for the 



— 68. Great jealousies in Scotland. (1643.) ^99 

king's letter, though it seemed he was not well pleased with 
his council for it, yet it did not annul the former writ, nor 
indeed could it, and it was essential to all meetings of that 
nature to be free, and not limited in their consultations ; for 
if the king calls a parliament or convention, their freedom 
cannot be restrained to such particulars as the king would 
limit them to, otherwise the grievances of the nation should 
never be considered : therefore they concluded, it either must 
be no convention at all, or if it was one, it must be left at 
liberty to treat of all the affairs of the nation. The duke and 
his brother were the great arguers on the one side ; and when 
they saw how it was like to go, they resolved to protest, and 234 
leave them. But the king's advocate told them, that if the 
convention were voted a free convention, then to protest 
against it was treason; but they might declare their judg- 
ments, and thereupon take instruments, which was equiva- 
lent to a protestation, and more legal : and they judging this 
punctilio of the word protest of no importance, resolved to 
follow his advice. So on the 26th of June, it being put to 
the vote, a free convention or not, the duke voted it no conven- 
tion, but as regulated by the 'king's letter : so did eighteen lords, 
and but one knight,, all the rest voting it a free convention. 
Whereupon the duke rose up and declared he could no more 
own that for a free convention, nor acknowledge any of their 
acts or orders, further than as they kept within the bounds of 
the king's letter. My lord Argyle asked, did he by that pro- 
test against the convention. My lord Lanerick answered, they 
meant not to protest, but declare and take instruments, both 
in the king's name and their own ; which accordingly they did, 
and so removed. Only Lanerick required them to record the 
king's letter, which was refused : next, he craved an instru- 
ment of his producing it, which was also refused : so having 
taken witness of it, he withdrew, and none of these lords 
would sit in the convention any more. After this, some came 
to the duke, and asked his advice if they should sit or not ; 
he suspected their intentions were only to betray him, and told 
them, that his practice declared his own judgment, which he 
wished the whole convention had followed ; but for particular 
advices he left it to themselves. Others of their friends were 
by them all thought necessary to sit still in the convention, 



300 Great jealousies in Scotland. IV. 68 — ■ 

to keep up delays in the approaching treaty with the English ; 
but divers of their friends, being overawed with the power of 
the church party, did forsake them. 

69 At the same time some of the church party, who feared the 
duke more than all that opposed them, knowing the depth of 
his designs, and the smoothness of his address, took a strange 
course to render him suspected to the king's party, which was, 
to let a whisper fly out, but so as they should not appear in 
it, that he and they kept a correspondence ; which was too 
easily believed by many, who were already ill-affected to his 
person and displeased with his methods : and the great for- 
wardness of some for appearing in the king's service made 
them impatient of all delays. But the duke sent divers mes- 
sages by Mr. Murray of the bedchamber (who was at that 
time sent by his majesty to Scotland) to those of the king's 
friends, who he saw were displeased with him, to mediate a 
reconciliation, who dealt in it with all possible diligence ; but 
their jealousies of the duke were insuperable. And a little 
after that, in the end of July, some of them went to court to 
represent to the king how ill his affairs were managed by 
those he trusted them to, and to offer their service, if he 
would change his tools and methods. The duke upon this 
wrote to the king, that he found himself betwixt two tides, 
of those who were perverse on the one hand and overfor- 
ward on the other ; yet he wished not only life and fortune, 
but his soul might perish, if he left any thing unessayed and 
undone that was in his power for the king's service. But all 
in which he could hope to prevail was delays, which to draw 
out longer than this winter he could not promise. And the 
methods he used to draw out the treaty by delays were, to 
set some on work to get Scotland to insist on their demands 
for the rest of the brotherly assistance, and for what was 235 
agreed to by the former year's treaty, to be paid for the army 

in Ireland, before they engaged further ; all which amounted 
to a round sum ; and he knew it would neither be soon nor 
easily advanced. The time of the assembly was also approach- 
ing, wherefore they advised the king for his advocate's en- 
couragement to name him commissioner for it. 

70 The convention did little at first, only they begun a new 
process against some alleged incendiaries, and named many 



-78. The two houses send commissioners to Scotland. (1643.) ^01. 

committees, waiting still for the English commissioners, who 
were daily expected. On the first of August came the king's 
advocate's commission, with his instructions, and a letter to the 
assembly. 

7 1 His instructions were, first, to assure the assembly of the 
king's constant adherence to the late establishment, and his 
willingness to encourage all good motions. 

72 He was to oppose all treaty with England, or declarations 
about the commotions there. 

73 He was to oppose any new commission of the kirk. 

74 He was to hinder any censure to pass on those who had 
subscribed the cross petition. 

75 On the second of August the assembly sat down ; but no 
curb could hold them, so high was their zeal, and so void were 
they of respect of persons, that the opposition the king's 
commissioner gave them was little regarded, for they went on 
at a great rate. 

76 The convention voted an hundred thousand marks sterling 
to be raised by a loan : this was a pretty device to fine all 
that were not judged well-affected ; for they were appointed 
to lend sums upon the public faith, which every one knew 
would turn to no security for their money. 

77 On the 9th of August came the much longed-for commis- 
sioners from England, with a large declaration from the two 
houses, justifying all their procedure, and entreating the as- 
sistance of their brethren in Scotland. This was cheerfully 
welcomed by the assembly, and some did run so far back, 
as to remember how queen Elizabeth helped the lords of the 
congregation in the Scottish reformation in opposition to the 
queen regent; and therefore it was but justice that they 
should now repay them with the like assistance. 

78 But that which generally prevailed to engage the greater 
part of the nation in the war shall here be set down with 
that fulness and freedom that becomes a historian. The (now) 
duke of Newcastle had raised a great army in the north of 
England for the king, upon which that country was like to be 
for some time the seat of the war ; and though Berwick and 
Carlisle had no garrisons in them, according to the treaty 
between both kingdoms, yet it was not to be doubted but 
either the one side or the other would see their advantage in 



302 Arguments that prevailed for entering IV. 78. 

putting garrisons in these places : upon which, all in Scotland 
judged it necessary to raise some forces, otherwise the best 
counties in Scotland, which lie toward the south, had been 
put under contribution by those garrisons, and they had been 
all a prey to the prevailing army ; yea, and which side soever 
were either beaten or straitened, it was not to be doubted but 
they would send in parties to Scotland to bring provisions, 
and what else could be had; therefore it was concluded, 
that a force must be raised for the security of Scotland. This 
being laid down, it was not uneasy to persuade all that it was 236 
better to carry in and maintain their army in England, than 
keep it in Scotland, to be a vast charge upon themselves. And 
the forces that were raised in the years 1639 and 40 had been . 
very heavy on the chief nobility and gentry; nor had the 
brotherly assistance which the two houses had voted to be 
raised for their reimbursement come to their supply, the war 
of England intercepting it : therefore they had generally a 
great mind to quarter their army in England. Now this 
could not be done, they keeping up the neutrality they were 
then in, therefore they must either join with the king or the 
two houses. For joining with the king many arguments w T ere 
used, both from the laws of Scotland, that obliged all the 
subjects to assist the king in his wars ; and from the cove- 
nant, wherein they swore to assist him in every cause in which 
his majesty's honour was concerned. There were also private 
assurances given, not only to the leading men, but to the 
whole nation, of signal marks of his majesty's favour and con- 
fidence in the disposal of all offices and places at court, that 
every third time they should be filled with Scottish men, to- 
gether with other particulars, not needful to be mentioned. 
But against all this it was objected, that those who had the 
ascendant in the councils at Oxford were either papists or 
men of arbitrary principles; and the clamours that always 
follow generals and armies where there is no certain pay, were 
carried to Scotland, not without great additions, against the 
king's forces, to possess people with a deep alienation from 
them. It was likewise said, that since the king, notwith- 
standing the declining of his affairs in England, would not 
grant what was desired there about episcopacy, it might be 
from thence gathered what he would do if his arms were sue- 



78. into a league with the commissioners. (1643.) $03 

cessful, and therefore all people were possessed with the jea- 
lousies of his subverting the whole settlement with Scotland, 
as soon as he had put the war in England to a happy conclu- 
sion. And though it was answered to this, that the king's 
putting things to hazard rather than sin against his conscience, 
was the greatest assurance possible that he would faithfully 
observe what he had granted ; to this, malicious people said, 
that it would be easy to find distinctions to escape from all 
engagements ; and if the putting down of episcopacy was 
simply sinful according to the king's conscience, then that 
alone would furnish him with a very good reason to overturn 
all, since no men are bound to observe the promises they 
. make when they are sinful upon the matter. And these 
reasons did generally prevail with the covenanters to refuse 
to join with the king's party in England : therefore they con- 
cluded it necessary to engage with the two houses, both be- 
cause the cause was dear to them, it being a pretence for 
religion and liberty. It was also said often, that they owed 
their settlement partly to the backwardness of the armies the 
king had raised against them in England, and partly to the 
council of the peers, who had advised the king to grant a treaty, 
and afterwards a full settlement to them. And that paper 
w r hich was sent down in the year 1640, as the engagement of 
twenty-eight of the peers of England, for their concurrence 
with the Scottish army that year, was shewn to divers, to 
engage them unto a grateful return to those to whom it was 
pretended they were so highly obliged. For though the earl 
of Rothes (and a few more) were well satisfied about the 
forgery of that paper, yet they thought that a secret of too 
great importance to be generally known; therefore it was 237 
still kept up from the body of that nation. And upon these 
pretences and inducements it was, that it came to be generally 
agreed to, to enter into a confederacy with the two houses. 
So fatal did the breach between the king and his people prove, 
that even when it seemed to be well made up by a full agree- 
ment, there was still an after-game of jealousies and fears, 
which did again widen it by a new rupture, which to these 
men seemed at this time unavoidable : otherwise they found 
the ease of a neutrality to be such, that the men of the great- 
est interest in those councils have often told the writer, they 



304 The solemn league and covenant. IV. 78 — 

had never engaged again, had it not been for those jealousies 
with which they were possessed to a high degree. There was 
a committee of nine appointed to treat with the commissioners : 
the English pressed chiefly a civil league, and the Scots a 
religious one ; but though the English yielded to this, yet 
they were careful to leave a door open for independency. 
Thus the treaty with the English commissioners went on, 
notwithstanding a letter the king wrote to the chancellor, to 
be communicated to the council, requiring them not to treat 
with them, since they came without his majesty's order ; but 
they who had leaped over all other matters could not stand 
at this. 
79 And now came to light that which had been a hatching 
these many months among the juntos, which was the solemn 
league and covenant, which follows : 

The solemn league and covenant of the three kingdoms. 
We noblemen, barons, knights, gentlemen, citizens, and burgesses, 
ministers of the gospel, and commons of all sorts in the kingdoms of 
Scotland, England, and Ireland, by the providence of God living 
under one king, and being of one reformed religion, having before 
our eyes the glory of God and the advancement of the kingdom of 
our Lord and Saviour Jesus Christ, the honour and happiness of the 
king's majesty and his posterity, and the trke public liberty, safety, 
and peace of the kingdom, wherein every one's private condition is 
included : and calling to mind the treacherous and bloody plots, 
conspiracies, attempts and practices of the enemies of God, against 
the true religion and professors thereof in all places, especially in 
these three kingdoms ever since the reformation of religion, and how 
much their rage, power, and presumption are of late and at this 
ime increased and exercised ; whereof the deplorable estate of the 
church and kingdom of Ireland, the distressed estate of the church 
and kingdom of England, and the dangerous estate of the church and 
kingdom of Scotland, are present and public testimonies ; we have 
now at last, (after other means of supplication, remonstrance, pro- 
testations and sufferings,) for the preservation of our selves and our 
religion, from utter ruin and destruction, according to the commend- 
able practice of these kingdoms in former times, and the example 
of God's people in other nations, after mature deliberation, resolved 2c? 8 
and determined to enter into a mutual and solemn league and cove- 
nant : wherein we all subscribe, and each one of us for himself, with 
our hands lifted up to the most high God, do swear ; 



■79- The solemn league and covenant. (1643.) ^05 

I. That we shall sincerely, really, and constantly, through the grace 
of God, endeavour in our several places and callings, the preservation 
of the reformed religion in the church of Scotland, in doctrine, 
worship, discipline, and government, against our common enemies ; 
the reformation of religion in the kingdoms of England and Ireland, 
in doctrine, worship, discipline, and government, according to the 
word of God, and the example of the best reformed churches : and 
shall endeavour to bring the churches of God in the three kingdoms 
to the nearest conjunction and uniformity in religion, confession of 
faith, form of church-government, directory for worship and cate- 
chising ; that we and our posterity after us may as brethren live in 
faith and love, and the Lord may delight to dwell in the midst of us. 

II. That we shall in like manner, without respect of persons, en- 
deavour the extirpation of popery, prelacy, (that is, church -govern- 
ment by archbishops, bishops, their chancellors and commissaries, 
deans, deans and chapters, archdeacons, and all other ecclesiastical 
officers depending on that hierarchy,) superstition, heresy, schism, 
profaneness, and whatsoever shall be found to be contrary to sound 
doctrine and the power of godliness ; lest we partake in other men's 
sins, and thereby be in danger to receive of their plagues ; and that 
the Lord may be one and his name one in the three kingdoms. 

III. We shall with the same sincerity, reality, and constancy, in 
our several vocations, endeavour with our estates and lives mutually 
to preserve the rights and privileges of the parliaments, and the 
liberties of the kingdoms ; and to preserve and defend the king's 
majesty's person and authority, in the preservation and defence of 
the true religion and liberties of the kingdoms ; that the world may 
bear witness with our consciences of our loyalty, and that we have 
no thoughts or intentions to diminish his majesty's just power and 
greatness. 

IV. We shall also with all faithfulness endeavour the discovery of 
all such as have been or shall be incendiaries, malignants, or evil in- 
struments, by hindering the reformation of religion, dividing the 
king from his people, or one of the kingdoms from another, or 
making any faction or parties amongst the people, contrary to this 
league and covenant, that they may be brought to public trial, and 
receive condign punishment, as the degree of their offences shall re- 
quire or deserve, or the supreme judicatories of both kingdoms 
respectively, or others having power from them for that effect, shall 
judge convenient. 

V. And whereas the happiness of a blessed peace between these 
kingdoms, denied in former times to our progenitors, is by the good 

Hamilton. x 



306 The solemn league and covenant. IV. 79 — 

providence of God granted unto us, and hath been lately concluded 
and settled by both parliaments, we shall each one of us, according 
to our place and interest, endeavour that they may remain conjoined 
in a firm peace and union to all posterity, and that justice may be 
done upon the wilful opposers thereof, in manner expressed in the 
precedent article. 

VI. We shall also, according to our places and callings, in this 
common cause of religion, liberty, and peace of the kingdoms, assist 
and defend all those that enter into this league and covenant, in the 
maintaining and pursuing thereof; and shall not suffer ourselves, 229 
directly or indirectly, by whatsoever combination, persuasion, or 
terror, to be divided and withdrawn from this blessed union and 
conjunction, whether to make defection to the contrary part, or to 
give ourselves to a detestable indifferency or neutrality in this cause, 
which so much concerneth the glory of God, the good of the king- 
doms, and honour of the king ; but shall all the days of our lives 
zealously and constantly continue therein against all opposition, and 
promote the same according to our power, against all lets and 
impediments whatsoever : and what we are not able ourselves to 
suppress or overcome, we shall reveal and make known, that it may 
be fully prevented or removed : and which we shall do as in the 
sight of God. 

And because these kingdoms are guilty of many sins and provo- 
cations against God and his son Jesus Christ, as is too manifest by 
our present distresses and dangers, the fruits thereof; we profess 
and declare, before God and the world, our unfeigned desire to be 
humbled for our own sins and for the sins of these kingdoms, 
especially that we have not as we ought valued the inestimable 
benefit of the gospel, that we have not laboured for the purity and 
power thereof, and that we have not endeavoured to receive Christ 
in our hearts, to walk worthy of him in our lives, which are the 
causes of other sins and transgressions, so much abounding amongst 
us. And our true and unfeigned purpose, desire, and endeavour for 
ourselves, and all others under our power and charge, both in public 
and in private, in all duties we owe to God and man, to amend our 
lives, and each one to go before another in the example of a real 
reformation ; that the Lord may turn away his wrath and heavy in- 
dignation, and establish these churches and kingdoms in truth and 
peace. And this covenant we make in the presence of Almighty 
God, the searcher of all hearts, with a true intention to perform 
the same, as we shall answer at that great day when the secrets of 
all hearts shall be disclosed ; most humbly beseeching the Lord to 



— 8o. Censures that were passed upon the covenant. (1643.) 307 

strengthen us by his Holy Spirit for this end, and to bless our 
desires and proceedings with such success, as may be deliverance 
and safety to his people, and encouragement to other Christian 
churches, groaning under, or in danger of antichristian tyranny, 
to join in the same, or like association and covenant, to the glory of 
God, the enlargement of the kingdom of Jesus Christ, and the peace 
and tranquillity of Christian kingdoms and commonwealths. 

80 This was offered to the assembly on the 17 th of August, 
and after it was publicly read, Mr. Henderson, being then 
moderator, had a long speech about it. Then it was read 
the second time, and many of the most eminent ministers 
and lay-elders were desired to deliver their opinions about it, 
who did all magnify it highly : and though the king's com- 
missioner pressed a delay, till at least it were communicated 
to the king, yet the approving it was put to the vote, and 
carried unanimously, and they ordered the lord Maitland (the 
now duke of Lauderdale) and Mr. Henderson and Mr. Gil- 
lespy to carry it up to the two houses at Westminster. On 
the same day it was also approved in the convention. Wise 
observers wondered to see a matter of that importance 
carried through upon so little deliberation or debate. It was 
thought strange to see all their consciences of such a size, so 
exactly to agree as the several wheels of a clock ; which made 
all apprehend there was some first mover that directed all 
those other motions : this by the one party was imputed to 
God's extraordinary providence, but by others to the power 240 
and policy of the leaders, and the simplicity and fear of the 
rest. One article of it was thought strange, that one govern- 
ment of the church was abjured, but none sworn to in its 
place for England ; this was not the fault of the Scots, who 
designed nothing so much as to see presbytery established in 
England. But the English commissioners would not hear of 
that, and by these general words of reforming according to the 
word of God, (cast in by sir Henry Vane,) thought themselves 
well secured from the inroads of the Scottish presbytery ; and 
in the very contriving of that article they studied to outwit 
one another, for the Scots thought the next words, of reforming 
according to the practice of the best reformed churches, made 
sure game for the Scottish model, since they counted it indis- 
putable that Scotland could not miss that character. 

x 2 



308 The king and queen send to the duke. IV. 8t — 

81 Those of Scotland would have had episcopacy abjured, as 
simply unlawful ; but those of England would not condemn 
that order, which had merited so much glory in the whole 
Christian church; therefore the second article was so con- 
ceived, that it might import only an abolition of the present 
model of England ; and it was so declared both in the 
assembly of divines and in the two houses of parliament when 
they swore it. The Scots either perceived not this change 
or were glad to get it carried on at any rate. But many 
judged the oddest part of it all was their oath to maintain the 
privileges of both parliaments, since that was never denned, 
and was scarce capable of a definition ; and the privileges of 
the parliament of England were far enough from the know- 
ledge and divination of the Scottish people, who in this case 
must believe all that to be privilege which they called so. 

82 The covenant was carried up by those trusted with it to 
the two houses, to be approved by them ; and being returned 
to Scotland, the committee of estates did, by their printed act 
of 22nd of October, ordain it to be sworn and subscribed by all the 
subjects, under the pain of being punished as enemies to religion, his 
majesty s honour ', and the peace of these kingdoms : and to have their 
goods and rents confiscated, and they not to enjoy any benefit or office 
within the kingdom, and to be cited to the next parliament as ene- 
mies to religion, king, and kingdoms, and to receive what further 
punishment his majesty and the parliament should inflict on them. 
At this time his majesty sent Mr. Mungo Murray to Scotland, 
(to assure his friends of his confidence in them,) who brought 
the following letters from the king and queen to the duke. 

83 Hamilton, 

I find there hath been a great mistaking about that mark of favour 
which I thought fit to bestow upon you, the particulars I have com- 
manded Mungo Murray to tell you : only this I assure you, that my 
confidence of you is not lessened from what I commanded your 
brother to assure you of in my name, for you shall find me 

Your most assured, real, constant friend, 

Charles R. 

84 Cousin, 241 
As soon as I had occasion since my arrival hither to write to you, 

I have resolved to do it, both to assure you of all that I said to you 
when I was at York ; as also to tell you that I am none of the least 



— 86. The king's letter to his Scotch subjects. (1643.) 309 

sharers in rejoicing at the honour the king hath put on you. This 
is a mark of the confidence he hath in you, which I am assured you 
will make the world see was founded on very good reason. The 
bearer is a person who will tell you more than I can write : to him I 
refer myself, and shall say no more, but that I am 

Q x f or( l Your affectionate cousin, 

28th August, Henrietta Maria R. 

85 The king's friends had gone to the several places where 
their interests lay, to see what likelihood there was of raising 
any force for advancing the king's service by extreme ways ; 
and to put a better colour on their gathering of people together, 
they carried with them the following letter, which was signed 
by his majesty, and of which Lanerick was ordered to give an 
attested copy to all who were well-affected. 

86 Charles R. 

Right trusty and right well-beloved cousin and councillor, we 
greet you well. 

Since nothing on earth can be more dear to us than the preser- 
vation of the affections of our people, and amongst them none more 
than those of our native kingdom, which, as the long and uninter- 
rupted government of us and our predecessors over them doth give 
us just reason in a more near and special manner to challenge from 
them, so may they justly expect a particular tenderness from us, in 
every thing that may contribute to their happiness : but knowing 
what industry is used, by scattering seditious pamphlets, and employ- 
ing private agents and instructions, to give bad impressions of us and 
our proceedings, (under a pretence of danger to religion and govern- 
ment,) to corrupt their fidelities and affections, and to engage them 
in an unjust quarrel against us their king, we cannot therefore but 
endeavour to remove these jealousies, and secure their fears from all 
possibility of any hazard to either of these from us : we have there- 
fore thought fit to require you to call together your friends, vassals, 
tenants, and such others as have any dependance upon you, and in 
our name to shew them our willingness to give all the assurances they 
can desire, or we possibly grant, (if more can be given than already 
is,) of preserving inviolably all those graces and favours which we have 
of late granted to that our kingdom, and that we do faithfully pro- 
mise never to go to the contrary of any thing there established, either 
in ecclesiastical or civil government : but that we will inviolably keep 242 
the same, according to the laws of that our kingdom, and we do 
wish God so to bless our proceedings and posterity, as we do really 



310 Propositions sent to the king. IV. 86 — 

make good and perform this promise. We hope this will give so 

full satisfaction to all that shall hear of this our solemn protestation, 

that no such persons as study division, or go about to weaken the 

confidence betwixt us and our people, and justly deserve the name 

and punishment of incendiaries, shall be sheltered from the hand of 

justice ; and all such others as shal endeavour peace and unity, and 

obedience to us and our laws, may expect that protection and increase 

of favours from us which their fidelity deserves. So expecting your 

care hereof, we bid you heartily farewell. 

From our court at Oxford 
the 2 ist of April, 1643. 

87 These lords appointed at parting to meet again about the 
end of August, which accordingly they did ; and when they 
met, divers told they found much coldness among their friends. 
Many professed a cordialness to the king's service ; but they 
had neither arms nor ammunition, nor saw they a place of 
security for a rendezvous, nor of safety for a retreat in case 
of a misfortune ; so that divers of the noblemen said, it was 
not in their power to bring any with them to the fields but 
their own domestics. Whereupon it was agreed by them all 
to send one Neal, servant to Mr. Murray of the bedchamber, 
to the marquis of Newcastle, to desire him to seize on Ber- 
wick, which was of great importance, and was at that time 
without a garrison, that it might be the place whither they 
might bring what forces they could draw together, which was 
indeed the most proper place for them, since the counties that 
lay next it were best affected. They likewise desired my lord 
Newcastle to send them such arms and ammunition as could 
be spared them out of the king's magazines, which were then 
in his hands : they also ordered Neal to go forward from him 
to Oxford, to give the king an account of their desires, that 
they might be presently supplied. He was despatched on the 
29th of August ; but on the 4th of September my lord New- 
castle wrote back to them a short answer referring them to 
Neal, who in a large one (both which are extant) told them, 
that my lord Newcastle said, he could spare them neither 
arms nor ammunition : and as for Berwick, he could not seize 
on it without bringing ruin on himself and his posterity, unless 
he had a commission for it under the great seal of England, 
it being contrary to the articles of the late treaty of the two 
kingdoms, which was ratified in parliament. 



— 9 X - Treaty concluded between Scotland and England. ( 1 643 .) 31 1 

88 At this time the treaty betwixt the two houses in England 
and the convention in Scotland was closed. Against the 5th of 
October a hundred thousand pounds sterling was to be paid 
in Scotland, and against the 20th of that month an army of 
twenty thousand horse and foot was to be on the borders from 
Scotland, who were to have thirty thousand pounds sterling a 
month for pay; only the hundred thousand pounds sterling 
was to serve for the first three months. The general was to 
be chosen by the Scots, the army was to receive orders from 
a committee of both kingdoms ; no peace should be treated 
or concluded without the Scots : and the public faith was 
given by the convention of estates in Scotland that their 
army should return out of England when a peace was concluded 
by both kingdoms. And so the convention adjourned till 
January, having chosen a committee of estates, to whom they 
gave full power in all matters civil and military. 

89 About the middle of September the fairest opportunity of 243 
all was lost, for the parliament of England, apprehending the 
hazard of the loss of Berwick, sent down some ships, by which, 
with the concurrence of the Scots, it was presently garrisoned : 
and the committee of estates issued out, toward the middle of 
September, commissions for making of levies through the 
kingdom, so that nothing kept them from marching, but that 
they heard not of money from England. 

90 The king's friends were now in the greatest perplexities 
imaginable, they saw his affairs in a ruining condition, and 
themselves able to do nothing but regrate it. All September 
passed over ere they had a return from Oxford ; and since the 
hope of Berwick was irrecoverably lost, nothing remained but 
despair. The church party became daily more resolute, and 
the king's party became fainter. At length, in the beginning 
of October, Mr. Mungo Murray came from court, but brought 
no present relief, only large hopes of assistance to follow quickly. 
He also brought letters from the king both to the council and 
the conservators of the peace : that to the conservators of the 
peace follows. 

91 Charles R. 

Right trusty and right well-beloved cousins and councillors, right 
trusty and well -beloved councillors, and trusty and well-beloved, we 
greet you well. 



312 The kings letter to the IV. 91— 

No industry hitherto could have so far prevailed with us as to 
gain any belief that our Scottish subjects would countenance, much 
less assist this bloody rebellion in England ; yet we know not how 
to understand the levying of forces, both foot and horse, within our 
native kingdom, and their entering our town of Berwick in an hostile 
manner. 

You are particularly trusted by us and our parliament (and so- 
lemnly sworn to be faithful in the discharge of that trust) of seeing 
the articles of the late treaty observed, which here is most grossly 
violated : therefore we require you, as you will be answerable to God, 
to us, and our parliament, to take speedy and present order for re- 
calling and suppressing those forces. 

Our most malicious enemies must bear us witness, how religiously 
we have observed these articles on our part, whereof if we had not 
been more tender, (than the advisers of the breach have been of the 
public faith,) it is obvious to any, how easily we could have secured 
that town from all rebels. 

We have likewise thought fit to take notice of the private pre- 
parations in that our kingdom of raising an army by a new authority 
to come into our kingdom of England, under the pretence of securing 
themselves from a popish and prelatical army, falsely alleged to be 
upon the borders, such forces as we have there being only for pro- 
tecting of our distressed subjects from the incursion of rebels from 
their ships at Berwick and Holy-Island, and for no other end. Such 
then as shelter themselves under that pretext will find from thence 
but a slender warrant before God, who knows the integrity of our 
heart, and how inviolably we intend to preserve all that we have 
granted to that kingdom, so long as they suffer themselves to be 
capable of our protection and those favours. 

We do require you not only to oppose and suppress all such un- 
warrantable levies, but by your public declaration to disabuse those 
rebels in England who endeavour to engage you in their rebellion 244 
and expect assistance from you ; in all which we look for ready 
obedience, and expect a present account thereof. We bid you 
heartily farewell. 

Given at our court at Oxford the 26th day of September, 
in the 19th year of our reign, 1643. 

92 The letter to the council follows : 
Charles R. 
Right trusty and right well-beloved cousins and councillors, and 
trusty and well-beloved councillors, we greet you well. 

Whereas our desire of preserving peace within our native kingdom, 



-92. conservators of 'the treaty \ (1643.) 313 

and preventing such disputes which malicious instruments might so 
heighten as to divide us and any of our Scottish subjects, moved us, 
by our letter of the 10th of June, to dispense with the unwarrantable 
calling together of the nobility, commissioners of shires and boroughs, 
at Edinburgh, the 22nd of June, 1643, and so far to give way to the 
meeting, as to allow them to take into consideration the best ways of 
maintaining our Scottish army in Ireland for suppressing of that 
bloody rebellion there, since our two houses of parliament here had 
failed in the performance of the treaty concluded upon betwixt the 
two nations for that effect, and likewise for such other particulars as 
our said letter doth more fully contain ; expecting they would have 
limited their resolutions thereunto, and paid an equal gratitude of 
duty and obedience to us and our just commands, as we have so 
lately and so many ways expressed our affection to that our kingdom 
in general, and so many members of that meeting in their own par- 
ticulars : all which notwithstanding, they have proceeded to reso- 
lutions as unjustifiable as their meeting, and would engage our sub- 
jects to an obedience of their arbitrary commands, beyond the power 
of any of the most free and lawful conventions of the estates, our 
authority and consent being so absolutely contemned, that they have 
exceeded the bounds we have prescribed, and proceeded to con- 
clusions of the highest nature, without so much as acquainting us 
therewith. Such high indignities to us and our authority make us 
believe they have forgot they have a king, and their oaths in pre- 
serving us in our just power as their king : but God will discover 
and punish such undutiful thoughts, how closely soever they be 
clouded with pretences of safety to religion and liberty, which they 
know will ever be dearer to us than our own preservation. Our good 
subjects will likewise suffer with us by their heavy taxes upon them, 
and possibly by their desperate resolutions of their engaging them 
in a bloody and unnatural war. Those injuries to us, and oppres- 
sions upon them, we expect you (whom we have with advice of our 
parliament intrusted with managing the greatest affairs of that our 
kingdom) will particularly resent : and therefore we have thought 
fit to require you, immediately after the receipt hereof, to publish in 
our name a proclamation to all our loving subjects of that our native 
kingdom, prohibiting them under all highest pains to give obedience 
to any act or ordinance of that pretended convention, or of any com- 
mittee pretending a power or authority from them ; but to oppose 
by arms, or otherways, all such persons as shall endeavour to put in 
execution any acts of theirs, (but such as we expressed in our letter 
we mentioned of the 1 oth of June, which was so much slighted as it 245 



314 The king's letter to LanericJc, and another IV. 92 — 

was refused to be recorded,) for the raising of forces, or recalling 
our Scottish army in Ireland, or any part thereof, without our know- 
ledge and consent : and we do likewise require, that no taxes imposed 
upon our subjects by that pretended authority be paid ; assuring all 
our loving subjects of our protection in the obedience of these our 
commands ; for which these shall be your warrant, which we require 
you to record. 

Given at our court at Oxford the 26th of September, 
in the 19th year of our reign, 1643. 

93 With these his majesty wrote to my lord Lanerick. 

Charles R. 

Right trusty and right well-beloved cousin and councillor, we 
greet you well. 

We have sent to our privy council of Scotland our letters of di- 
rection what they shall do, now that the general meeting there hath 
proceeded to such strange and undutiful resolutions, beyond the 
matter we prefixed them to treat upon by our former letter. Of 
those our letters we have sent you an exact copy, and particular di- 
rections to yourself, what you shall do in order thereunto, when you 
shall think fit for our service to make use of the same. But we 
leave it now to your discretion, and the judgment of the rest whom 
we have intrusted with the affairs of that our kingdom, to deliver 
these our letters to our said privy council at that time, and no sooner 
than you shall conceive to be most conducible to our service and the 
good of that kingdom ; for if you shall find that no obedience is 
likely to be given to those our commands, you are to consider how 
far you, who are our faithful servants there, will be able to withstand 
those insolencies, which of necessity must follow upon such disobe- 
dience, and what the consequence will be, to anger before we be able 
to punish such offenders. But our will is, that you forthwith publish 
the other, anent the proclamation, precept, or warrant, falsely pub- 
lished in our name ; and we further require you to do whatsoever 
else you with the rest (whom we have trusted with the affairs of that 
our kingdom) shall conceive most to conduce to our service, as 
you will answer to us at your peril : and for so doing this shall be 
a sufficient warrant to you and those others intrusted by us as 
aforesaid. 

Given at our court at Oxford 
26th of September, 1643. 

94 The lords whom his majesty trusted judged it not fitting to 
present the letter written to the council, and suppressed it. 



~95- about the proclamation to the council. (1643.) 315 

But his majesty wrote another letter to the council about the 
proclamation, which was issued forth in his name by the con- 
vention of estates, which follows : 

95 Charles R. H 6 

Right trusty and right well-beloved cousins and councillors, and 
trusty and well-beloved councillors, we greet you well. 

Whereas we were graciously pleased to condescend that this pre- 
sent meeting in our kingdom of Scotland of our nobility there, and 
the commissioners for shires and boroughs, should resolve and con- 
clude of such particular affairs as we specified and allowed to them 
for the security and good of that our kingdom in our late letters to 
them, dated the 10th of June last, and for as much as we have to 
our great amazement newly seen a paper in form of a proclamation, 
precept, or warrant, in our royal name, dated at Edinburgh, the 1 8th 
of August, subscribed 

Per actum dominorum 
conventionis Arch. Primrose 

Cler. Conven. 
being a paper most impudently set forth without our privity or 
any authority from us, and tending to cast our beloved people of that 
our native kingdom into the like and more bloody combustions and 
rebellions, violation of their religion and allegiance to us, and laws 
of that our (hitherto) peaceful native kingdom, as hath been here 
practised by the malicious enemies of peace and government : we 
have therefore, upon good deliberation, and out of our princely and 
gracious care of our people, and of the tranquillity of that our native 
kingdom, (as it was so lately and well settled by our self,) thought 
fit to declare, and we do hereby declare unto you, that we utterly 
dislike and disallow it, forbidding all our subjects to obey the same, 
and all other papers published in our name, which shall not immedi- 
ately be warranted by us ; and we do hereby will and command you, 
forthwith openly to publish these our letters, to let all our people 
understand our pleasure herein. 

And lastly, our pleasure and command is, that you cause these our 
letters to be forthwith recorded in the books of our privy council of 
that our native kingdom, for all which these our said letters shall be 
your sufficient warrants. 

Given at our court at Oxford the 26th day of September, 
in the nineteenth year of our reign, 1643. 

He wrote also to the same purpose to the earl of Lanerick. 



316 Decline of the king's affairs IV. 96 — 

96 Charles R. 

Right trusty and right well-beloved cousin and councillor, we 
greet you well. 

Whereas we have thought fit, for the good of our service and safety 
of our people, to require our council to publish a proclamation in our 
name to all our loving subjects in Scotland, discharging them to give 
obedience to any act or ordinance of the pretended convention of the 
estates at Edinburgh the 22nd of June, or of any committee pre- 
tending authority from them ; but to oppose with arms, or other- 
ways, all such persons as shall endeavour to put in execution any act 
of theirs : but if our privy council shall not give present obedience 
to our commands, and publish this our pleasure, these are to require 247 
you to take what course you shall think most fit to make this known 
to all our loving subjects, either by giving warrant in our name to 
print our letter to our council, or by sending attested copies thereof 
to all the nobility, sheriffs of counties, and majors of towns, within 
our kingdom of Scotland, a duplicate whereof you will herewith re- 
ceive under our own royal hand : and we further require you to do 
whatsoever else you with the rest (whom we have trusted with the 
affairs of that our kingdom) shall conceive most to conduce to our 
honour and the good and advancement of our service, as you will 
answer for it to us at your peril ; and for your so doing these shall 
be your warrant. 

Given at our court at Oxford the 
26th of September ,1643. 

97 With these public letters the king wrote to the duke : 

Hamilton, 
Having much to say, and little time to write, I have commanded 
this trusty bearer to supply the shortness of this letter, which though 
it be chiefly to give trust to what he shall say to you in my name ; 
yet I cannot but assure you by my own hand, that no ill offices have 
had the power to lessen my confidence in you, or my estimation of 
you, for you shall find me 

Your most assured, real, 

Oxford, 28ft September, constant friend, 

1643, Charles R. 

98 The lords whom the king trusted, seeing no present help 
of men nor relief of arms like to come from England, were like 
men desperate : and some moved desperate propositions, that 
according to what had been (in some former cases) practised 



— 99- ^ n Scotland- O643.) 317 

in Scotland, there should be orders given out, requiring all to 
kill the chief leaders of the church -party wherever they 
could find them, setting prices on their heads, and that with 
such orders some of the blanks should be filled up. But the 
duke opposed this strongly, and said, he would take it on him 
without an instruction to assure them, that he knew his 
majesty would rather patiently suffer all things than con- 
sent to a course so barbarous and unchristian. As for the 
practices of some former ruder times, these were to be no 
precedents now. Besides, if this were done on the one side, 
they might expect the same orders would be presently issued 
out against them from the committee of estates, which would 
bring on an unheard-of butchery, and lay all their throats open 
to their servants ; whereupon it was laid aside, only the pro- 
position, with the precedents, is yet extant : and they resolved 
to see what force they could bring together under the pretence 
of their attendance to the countess of Roxburgh her funeral, 
which was to be in the beginning of November. But there 
was some difference about the methods of carrying on their 
designs among these lords, and divers others who were called 
to their consultations, besides those who were particularly 348 
trusted by his majesty; those whose fortunes were broken 
were for brisker courses, and those whose estates were entire, 
and had the most followers, thought it fitter to delay an open 
breach as long as was possible. This diversity of opinion 
raised some animosities and jealousies among them, so that 
they fell into a mutual distrust ; neither was secrecy (though 
not only enjoined but sworn) closely kept, for all their designs 
broke out ; and yet some who were guilty of this were among 
the busiest to fasten it on the duke. But the writer designs 
only an account of his affairs, without reflecting needlessly on 
others ; and therefore here he restrains his pen. So quickly 
did their closest secrets fly abroad, that when the duke was 
returning home from one of their meetings, a covenanter lord 
came from Edinburgh to meet him on his way, and told him 
to a word all had passed at their meeting, as that lord in- 
formed the writer. 
99 On the 24th of October the earl of Traquair went to court, 
whom the lords that were trusted by the king had carried 
along with them in all their counsels, though his name could 



318 Instructions sent to court by Traquair. IV. 99 — 

not be in the instructions, by reason of the act that was passed 
against him at the former parliament. With him they sent 
the following instructions, containing the grounds and steps of 
their whole procedure ; which is the fullest and clearest de- 
spatch was sent this year, (most of the other messages being 
verbal,) and so will give great light to the rest. 

100 It is desired it may be. represented to his majesty, that now all he 
expected from our affection and industry here is performed, this 
summer being spent, and he having received no other prejudice from 
hence than what might rise from words, which we did never pretend 
to prevent, being no ways a party in the judicatories. 

To shew our readiness still to venture our lives and fortunes in his 
majesty's service, which we will make good, not only by verbal ex- 
pressions, but real actions, when we shall see the least probability of 
success to his affairs, though to our ruin. 

To represent the reasons that (hitherto) we have not been in 
action ; which have been grounded, first, upon our desire of protracting 
time, the chief thing we had commission to study (in which our en- 
deavours have not been fruitless) ; secondly, that they (not his 
majesty) should be the first breakers, both a pious, just, and popular 
motive ; and, thirdly, our expectation of supplies, both of men, arms, 
ammunition, and monies, which we were confident should have been 
provided for us, and without which we never conceived our strength 
to be considerable. 

To represent that we would immediately draw ourselves together 
into a body, (being thereto authorized by his majesty,) if we had the 
least hope of making it considerable, and if we had any proportion 
of arms or ammunition, a place of surety for our rendezvous, and of 
safety for a retreat in case of a misfortune ; having by divers mes- 
sages represented our wants, and pressed for supplies, with the se- 
curing of some places, now lost, but still without success, without 
which, many who would join with us in this quarrel of serving his 
majesty are unwilling to hazard ; and divers very considerable and 
most affectionate noblemen and gentlemen have declared, that for 
that reason they cannot bring to that meeting more than their do- 
mestic servants, so that we justly fear we cannot draw together so 
considerable a body as could resist, much less offend our enemies, 249 
and likewise an impossibility for those and other noblemen and 
gentlemen, (being only so backed,) and lying at so great a distance 
one from another, and from the place which of necessity must be 
appointed for our rendezvous, to join with us. 



—102. All are required to take the covenant. (1643.) 819 

And considering these necessities, we cannot but be the more 
tender of going unto present action, seeing his majesty hath so wisely 
commanded us to weigh the consequences of angering before he be 
able to punish, and the prejudices which may thereby arise to 
his service, wherein we must proceed as we shall be answerable upon 
our perils : and therefore we dare not presume to advise the present 
engaging of his majesty, by drawing ourselves into a body ; for 
many would oppose us (seeing then we would be esteemed rebels) 
within this kingdom, that would be unwilling to go into England, 
which probably cannot be done this winter, though we dare give no 
assurance thereof ; but do humbly advise that present preparation be 
made for the worst ; and in discharge of our consciences and duties 
to his majesty,, we cannot but represent our fears of the great disser- 
vices he may receive from hence, if he do not timely prevent it, either 
by a royal and considerable strength, or in his wisdom think of some 
other way of effecting it, and not to trust to the power of his party 
here. And this our humble opinion doth neither proceed from fear 
nor disaffection, nor out of any intention to desert him or his cause, 
(wherein we will spend the last drops of our blood,) but really is 
our sense of the condition of his affairs here, which we cannot con- 
ceal without betraying the trust he hath reposed in us, and which we 
will be ready to make appear to his majesty, whensoever he shall 
think fit to call us to an account, at the hazard of losing his favour 
and all that is dear to us. 

101 About the end of October all the lords of the council received 
letters from the committee of estates, requiring them to come 
to council against the second of November, and sign the league 
and covenant, from which the lords (whom his majesty had 
intrusted) excused themselves, not being well-satisfied neither 
about the matter of the covenant nor the authority by which 
it was imposed ; whereupon they were again summoned to 
appear upon the 14th of that month, to do it under the 
highest pains in case of disobedience; but they excused 
themselves the second time likewise. 

102 All this while the duke had been doing his utmost to en- 
gage his vassals, and the dependers on his family, to a cordial 
concurrence in the king's service, and offered to divers of 
them, if they would vigorously concur in it, to dispense with 
great advantages he had over their fortunes by his superiorities. 
But that county where his interest lay was so prevailed upon 
by the ministers, that no endeavours could divert them from 



320 The lords who were for the king meet at Kelso. IV. \o% — 

the course that the rest of the country were taking : and so 
little could he prevail with them, that all the authority and art 
he and his brother used could not get the commissioners to 
the convention of estates well chosen, though he bestirred 
himself in it as much as was possible ; for beside the clamours 
against him, there came out at this time a book under the 
name of The Mystery of Iniquity, which was shrewdly but 
maliciously penned. The design of it was to demonstrate 
. that the king's intentions ever since his voyage to Spain had 
been for introducing popery : but to this old slander was 
added a new damnable calumny, that the king had given 250 
commission for the massacre in Ireland under the great seal 
of Scotland, in October 1641, when it was in the duke's 
keeping, and in the custody of Mr. John Hamilton, who is by 
that pamphleteer called the scribe of the cross petition. This 
was sent through all places, and both preached and printed 
up and down Scotland, and zealously infused into the people's 
minds, amongst whom it gained belief ; which as it irritated 
them to more fury against the king, so it drew the next share 
of the odium upon the duke, whereby he was much disabled 
from doing the service which he desired and designed : with 
such a series of sad trials was God pleased to exercise him 
almost all the days of his life. 

103 Their appointment at my lady Roxburgh's funeral was to 
be carried secretly, as if their numerous meeting had been only 
for gathering a great company to solemnize it witA. the more 
pomp, according to the ceremony used at burials in Scotland. 
The duke took with him near two hundred horse, the half of 
them were gentlemen, and the rest were their servants. But 
when they came to the funeral, all that could be accounted of 
were about a thousand horse ; but there were such jealousies 
among them, and they were so undetermined either what to 
do or who should command, and so little assurance had they 
of the adherence of those who were with them, that they 
parted without coming to any resolution. 

104 This attempt gave a crisis to the covenanters' proceedings 
against them, and therefore, because they came not on the 
day prefixed to subscribe the covenant, they were declared 
enemies to God, the king, and the country ; and it was resolved, 
that at least they should be made close prisoners, of which 



— 106. The duke is ill represented at court. (1643.) ^1 

the duke was advertised by the earl of Lindsay. But this 
was not all the height of the committee's zeal, for on the 1 7th 
day of November, by another act, all their goods were ap- 
pointed to be seized on, their rents gathered up, and their 
persons to be apprehended wherever they could be found : 
and a commission was given to soldiers to go take them, 
warranting them to do it, notwithstanding any resistance was 
made, securing them though they killed those that made 
resistance. Southesk was first wrought upon by those thun- 
derclaps : but the duke and his brother, seeing all was past 
recovery in Scotland, and there was no standing before this 
unparalleled zeal, prevented their severe orders, and went to 
court ; so he and his brother left Scotland in the end of 
November. 

105 All this while his enemies at court had been with great in- 
dustry misrepresenting his actions in Scotland, and for this 
end made use of the forwardness of some Scottish lords who 
were then at court : yet the king's affection to him and con- 
fidence in him continued firm and unshaken till the end of 
September, (if not longer,) as appears by his majesty's letter 
of that date, already set down. But the miscarriage of affairs 
in Scotland, together with the duke's absence, raised some 
jealousies in the king's thoughts ; nor had the duke any friend 
at court who had such credit with the king as to be able to 
justify him, and so reports went current without contradiction. 
But when Mr. Murray came up, and Traquair after him, they 
gave a truer representation of affairs ; therefore, to take off 
the weight of their testimony, they were charged with ac- 
cession to the same miscarriages, and many things of a high 
nature were fastened upon the duke. And the miscarriage 

of affairs in Scotland seemed to give good colours for casting 2 a 
all the blame of it upon the unfaithfulness or ill-management 
of those who had his majesty's chief trust in that kingdom 
(the usual fate of all unsuccessful ministers) . Many foul slan- 
ders were cast on him, and very scandalous and undutiful dis- 
courses were laid to his charge. And to crown all, it was 
represented that he had set on foot a pretension to the crown 
of Scotland, and designed to put all once into confusion, that 
so he might fish the better in those troubled waters. 

106 This was the most bloody and pernicious of all the hellish 

Hamilton. y 



3££ The duke is made prisoner : he obtains IV. 106 — 

slanders his enemies could invent, and nothing could raise 
jealousies in a court like stories of this nature; wherefore 
they were confidently vented : and it was said, that after he 
and his brother had betrayed the king's service in Scotland, 
they were now coming to court to be intelligencers to his 
enemies ; therefore it was necessary to secure him upon his 
first arrival, and particularly to hinder his access to the king, 
since it was to be feared that his majesty's affection, with his 
innocency, which they in their consciences knew was unstained, 
would quickly break through all those arts that had been con- 
trived for his ruin. 

107 The duke was not ignorant of all that was designed against 
him, nor so totally destitute of friends as to be let perish 
without sending him advertisements. Any loyalty less than 
his would upon such advices have kept out of the way till he 
had sent his justification before him, and had cleared himself 
of all imputations : but being confident of his own innocency, 
he resolved to go on, and put all to hazard ; so on the 1 6th of 
December he came to Oxford. There was at the ports an 
order left to stop him till the governor were advertised : 
but the captain of the guard thinking he was in the coach 
that followed, not knowing himself who was on horseback, let 
him pass without stopping him. But he was presently followed 
with an order from the king, confining him and his brother to 
their chambers during his majesty's pleasure. The duke an- 
swered, that as he had ever given a ready obedience to his 
majesty's commands, so in this he would punctually obey 
his order. 

108 At night secretary Nicholas came to him, and told him that 
his majesty had received an accusation of a high nature against 
him, and that he could not be answerable to himself if he 
had not taken this course with him ; but that he might expect 
from him all favour that in justice he could grant him, and 
that himself would be graciously pleased to hear as much of 
his cause as he could, and that all haste should be used in it. 

IO p The duke answered, that he humbly thanked his majesty 
for his goodness thus in general to let him know the cause 
of his restraint ; and for any favour in that charge he desired 
it not, but trusted to the king's justice and his own integrity ; 
only he entreated he might have a speedy trial. And for his 



—in. a copy of his charge, and answers it. (1643.) ^^ 

majesty's constant goodness to him he had no more to return 
to him but his humble thanks, since he had received greater 
proofs of it than he had either merited or could ever deserve. 

1 10 Next, the secretary called for his brother, who was a little 
indisposed, and told him, he had the liberty of the town, only 
he might not come to the king's or queen's court without per- 252 
mission ; and after that, a guard was set at the duke's lodgings, 
with orders that none might speak with him except in the 
presence of one of the secretaries. But Mr. Murray of the 
bedchamber had been with him at his first arrival, and the 
duke desired him to give the king a full account of his beha- 
viour in Scotland, and of the necessities that his duty had 
forced him to when he left the kingdom : and he desired he ■ 
might have that justice done him, to see the charge that had 
been given against him, that so he might justify himself, since 
he was absolutely ignorant of it, and his own conscience did 
not charge him with any guilt in reference to the king's 
service. 

in At night Mr. Murray returned to him with a very favourable 
message from the king, expressing his confidence that he 
should clear himself of the charge given against him. And by 
what the writer could learn, it was he that brought him a 
copy of the charge that was drawn up against him : for the 
duke got the copy of it before it was put in the due form of an 
impeachment, being liker a historical information presented to 
the king, than a legal accusation. That paper was never 
brought into any court, nor did any thing ever follow upon it ; 
for the business went not the length of a trial ; yet it seems 
too important a transaction of the duke's life not to be in- 
serted, with the answers that were drawn to it : for as soon 
as the duke got it, he sent to the best counsel then at Oxford, 
who drew an answer to it wholly in point of law, and himself 
drew an answer as to matter of fact, and penned a long speech 
which he intended to make at his first appearance. But those 
papers (which do yet remain) were afterwards digested into 
one full answer ; and therefore that the reader may not be 
wearied too much, I shall insert that instead of all the rest, 
setting down the answer after every article of the charge. 
Only I shall here premise what I copied out of an original 
letter of one of the most zealous covenanters (who was a very 



324 Charge against the duke, IV. in — 

considerable man among them, and one of the junto,) to his 
correspondent; by which the reader may judge what he is 
to think of the truth of matter of fact alleged in the charge : 
/ have seen the charge against the duke, and though he has been 
a great enemy to our cause and work, I cannot but pity him, 
since he suffers from their hands whom he has been serving. And 
after that he adds, He is in no hazard if he get justice, for the 
accusation is false, and can never be proved. This will discover 
both what the secret thoughts of the covenanters were of the 
duke, and how false the charge was in matter of fact. But 
the most material evidences that do clear his innocence, and 
justify the answers to the charge, have been already set down 
in the former parts of this work, to which the reader will find 
some references marked in the margent. 

The accusation given against the duke of Hamilton at 253 

Oxford, December T643. 

112 Article I. — That the duke of Hamilton hath of a long time, (yea 
almost ever,) since he had any considerable meddling in business, en- 
deavoured, in the way of a constant and continued design, both by 
words and actions, to beget in his majesty's subjects both a hate 
against the government and a contempt of his majesty's own sacred 
person ; as particularly he himself using most contemptible and un- 
dervaluing expressions of his majesty, and his emissaries, instruments 
or creatures, suggesting, upon the other part, all prejudices to the 
people, as, that they were now but a province unto England, and had 
lost their liberty, and that Scotland was now under a Pharaoh that 
knew not Joseph. 

The answer to the former charge. 

113 The defendant is charged with many things of a high nature, some 
whereof, if true, will involve him in the guilt of high treason ; other 
particulars infer a breach of trust, and an abusing of his majesty's 
confidence in him, with several other heinous aggravations, which if 
true, the defendant acknowledgeth that no punishment could be 
found equal to his guilt : and in a matter wherein his life, his fortune, 
his honour and posterity lie at stake, it cannot seem strange if the 
defendant plead in law every advantage his learned counsel have 
suggested, who, besides many things they have laid before him from 
the privileges of the peers, do assure him that in law every im- 
peachment ought to contain in it the matter of fact, particularly and 
certainly set down, with all necessary circumstances of time, place, 



—114. and the duke's answers. (1643.) 325 

and witnesses, otherwise the party accused may demur in law. 
Besides, the charge given against him is so general and historical, 
so aggravated with scandalous glosses, invective expressions, ground- 
less suggestions and pretences, false collections and inferences, 
seeming probabilities, with cunning suppositions and conjectures, 
together with the opinions and words of his friends, acquaintances, 
and enemies, all so ambiguously penned by the contriver, that he 
may demur in law upon the whole charge for matter of insufficiency 
and form, since many insufficiencies and absurdities might be ob- 
served in it upon a strict disquisition and dissection of law : and in- 
deed the defendant cannot but desire the last words of the charge be 
considered, wherein his accusers pretend to be able to prove some 
of the weightiest points by several witnesses, and all the rest by some 
and strong probabilities; which words alone his lawyers do assure 
him are sufficient to invalidate the whole charge, since no man can 
be arraigned of treason upon some probabilities, to which other pro- 
babilities may be always opposed with equal colours of truth. 
114 Many of the particulars charged upon the defendant were done 
before the pacification and act of oblivion passed in both kingdoms, 
by which no remembrance is to be had of what passed before it ; 
and his majesty did verbally express at the last parliament at 
Edinburgh, that the defendant had carried himself during the former 254 
troubles as became a faithful subject, and one that tendered the good 
and happiness of his country. There was also in that same parlia- 
ment a particular act passed, declaring he had carried himself during 
the former distractions as a faithful servant to his majesty, and a 
loving patriot to his country ; upon which the defendant may well 
plead that he is not bound to answer for any thing charged on him 
that was done before that parliament, and that his accusers do incur 
punishment for going against the act of oblivion then passed : nor 
is he bound in law, as the learned counsel assure him, to answer 
for any words alleged to have been spoken by him unless questioned 
for them within three months after they were spoken, according to 
the laws of this kingdom. But though the defendant hath so far 
complied with his lawyers as to have named the former particulars, 
yet it is not out of any design to escape either trial or justice : 
therefore he is ready to give an account to his majesty of the actions 
of his whole life, in reference to his majesty's service, whenever he 
shall be called to it ; particularly for the trusts and employments his 
majesty honoured him with, being so confident of his own constant 
unstained integrity and loyalty, and of his majesty's justice, that he 
is not afraid of the issue of the whole matter,, himself being so 



326 Charge against the duke, IV. i T4— • 

innocent and his judge so just ; therefore he shall answer plainly and 
particularly to all the matters of fact laid to his charge, leaving the 
plea in law, together with the necessary distinction of points of 
treason from misdemeanours, to his learned counsel, when they shall 
be allowed to plead. 

Answer to Article I. 

115 To the first article the defendant says, nothing can be more false 
than that he ever used any such expressions, he knowing well his 
majesty's affection to that kingdom, and to the liberties and free- 
doms of it. There is neither time, place, nor persons expressed, to 
whom such words should have been spoken, nor upon what occasion, 
nor to the people of what kingdom they were used, nor are any of 
his actions condescended on to make out what is charged on him ; nor 
knows he who are meant by his emissaries, instruments, or creatures ; 
if any have used such seditious speeches let them be punished for 
them, but he cannot be answerable for other men, unless it be 
proved they acted by his order and direction : therefore the defendant 
simply denies what is alleged in this article, as basely false and 
forged. 

Charge. 

116 Article II. — That he hath most seditiously endeavoured to exaspe- 
rate his majesty against his subjects of Scotland, by invectives against 
them to his majesty, even before their falling off from their obedience : 
by advising his majesty to make war against them, affirming that his 
majesty would never be king of Scotland unless he conquered it, 
which he likewise then averred would be a work only of three months' 
time ; and at the same time encouraging them most treacherously to 
withstand his majesty, and take from him his power and his rights, 
particularly exciting them thereunto, by vilifying speeches of his 
sacred; person, that if they awed him, he was such a coward they 
might have of him what they would, but if they gave him his will, 255 
he would prove a verier tyrant than ever Nero. 

Answer to the second Article. 

117 To the first branch of the second article the defendant says, he 
^o.^and^'. appeals to his majesty how false it is, who knows well that the com- 
43-* motions of Scotland were begun a year before he was employed in 

Scottish affairs, which had been before that trusted to other persons 
of honour in that kingdom ; and that the covenant was generally 
taken, the courts of justice removed from Edinburgh, the tables 
formed, protestations used against his majesty's proclamations, before 

* [The pages referred to are those of the folio edition, which are printed in the 
margin of the present.] 



— 1 1 8 . and the duke's answers. ( 1 643 . ) 327 

he was engaged. His majesty also knows well that he had never 
advised these innovations which gave the rise to these commotions, 
nor engaged in the affairs of that kingdom but upon his majesty's See p. 38. 
particular command, without which he had designed to avoid all 
meddling in them ; so that nothing can be more notoriously false 
than that part of this article is, that the defendant did exasperate his 
majesty against that kingdom, or advised him to conquer them before they 
fell from their obedience. It is true, after his majesty had thought fit 
to employ the defendant in those affairs, he did give him clear ad- 
vertisements of the state of affairs in that kingdom, not sparing 
his nearest friends, as his majesty well knows ; but gave no advice 
but what he thought agreed both with the duty of a good subject 
and patriot. He never advised his majesty to conquer or subdue 
that kingdom, or to govern it as a province ; for he takes the sup- 
pressing of a party in arms against the king, or who were rejecting 
his authority, to be very different from conquering the kingdom : 
and therefore, as he simply denies the first branch of this article, so 
he refers the clearing of his innocency in this to his majesty, (who 
cannot but know best what he advised him,) and to the letters he 
wrote to his majesty, if they be yet remaining. 

The next branch of the article is of a piece with the former as to 
falsehood. He hath often seen eminent proofs both of his majesty's 
courage and clemency, and never entertained a dishonourable thought 
of his person ; and he is able by many compurgators to prove, that 
his discourses of his sacred person have been always such as became 
a dutiful subject and an infinitely obliged servant. It is not to be 
imagined he could have used such expressions before witnesses,, and 
if any single person say they heard them from him, he asserts they 
are liars, and dare not say so if he have a sword in his hand. 

Charge. 
118 Article III. — That whilst he was the king's commissioner he did 
palpably foment the differences betwixt king and country, as particu- 
larly by these evidences following : (viz.) whilst he might have settled 
at his first arrival all those unhappy differences, by yielding to the peo- 
ple such things as would have contented the country, and which his 
majesty had given him warrant by his instructions to condescend unto; 
as particularly by the removal of the Service-book, Book of Canons, 
high commission, five articles of Perth, and episcopacy only limited 
in a moderate way ; he by the contrary, upon his first coming to 
Scotland, being acquainted herewith, having the same represented to 
him to the full, did in a fomenting way, so pleasantly deny, as if he 
would have had some further to have been sought. And whilst 256 



328 Charge against the duke, IV. 118 — 

before his coming, all his friends and followers, and such as did 
belong unto him, did resolutely stand out against that course, no 
sooner was he come, but all of them, perceiving his strain, did on a 
sudden quit their former way, and violently join themselves to the 
other party : witness, amongst others, the late earl of Hadington, sir 
Alexander Hamilton, his uncle, now master of their ordnance, (a 
main stickler,) the earl of Lauderdale, and his son the lord Maitland, 
of all men most intimate with him ; to omit his brother-in-law the 
lord Lindsay, a principal actor in that rebellion from the beginning, 
and his cousin-german the earl of Glencairn, who continuing long 
firm for his majesty, in end (by his secret solicitation as is thought) 
made defection : by which and such like he cunningly necessitated 
the breaking up of the assembly at Glasgow, that the water might be 
once troubled, and the country quite abandoned unto themselves. 

Answer to the third Article. 
ll 9 To the third article the defendant says, he was so far from fo- 
menting the differences betwixt his majesty and his subjects of Scot- 
land, that he did all that was in his power to bring matters (which 
were quite embroiled when he went commissioner thither) to a happy 
close ; and that he did yield to them all such things as he had power 
to grant, which he is ready to make appear by comparing his actings 
with his instructions. It seems the accusers knew well what would 
have satisfied the country, but understood little what his instructions 
See p. 40. were. The covenanters in all their petitions to the defendant ex- 
n * '" pressed that nothing would content them without a free assembly 

See p. 50, and parliament, and the defendant being neither instructed to do 
that, nor the other particulars which by the article are falsely said to 
have been in his instructions, he, after he had proclaimed all the 
See p. 64. favours he was empowered by his majesty to grant, came to him to 
this kingdom, and received new instructions, according to which he 
proclaimed all he had warrant from his majesty to grant : nor did he 
ever deny or conceal any of his majesty's graces to his people, or 
provoke them to new desires, but did all was in his power to make 
them rest satisfied with his majesty's gracious concessions. He also 
stayed with the assembly of Glasgow as long as his instructions 
See p. 107. warranted him, and did all he could to keep them from those extre- 
mities which enforced the rupture ; and in his whole proceedings he 
carried along with him, not only the assessors his majesty appointed 
him to advise with, (the earl of Argyle only excepted,) and the 
secret council, but likewise the bishops, whose advice he got and 
See p. 96, followed : all which he is ready to make out by comparing his in- 
structions and his majesty's letters to him, and the letters he got 



— I2i. and the dukes answers. ( 1 643 . ) 329 

from the bishops, with his proceedings at that time, from which the 
falsehood of this article will plainly appear. 
120 Nor can he be charged with the faults of his friends or his fol- 
lowers. It is known how much the places where his interest lies, 
were gained to those courses before he was commissioner, and yet 
many of his friends did stand out against the courses others then 
followed, though they were not able to make head against the more 
prevailing party round about them. For the earls of Glencairn and 
Lauderdale, they continued in their duty to the king till the pacifi- 
cation, nor did they take the covenant (for ought he knows) till his 
majesty allowed it ; for the earl of Lindsay, he did not join in these 257 
courses after the defendant went to Scotland, but engaged in them 
from the beginning, though much pains was used by the defendant 
to divert him from them. And as the defendant is not answerable 
for the actions of his friends, much less is he accountable for the 
thoughts of his enemies, who may charge what they please on the 
suspicions of his secret solicitations, which are their own groundless 
and malicious forgeries : therefore this whole article is false, as the 
former are. 

Charge. 

121 ArticleTV. — That he traitorously betrayed his majesty's service while 
he was in the Frith, and had his majesty's trust and command of his 
fleet and forces therein : and whilst he was thus, as appeared, in arms 
for his majesty, he intended nothing less, as appears by his friends 
and followers their underhand dealings, suggesting that his taking 
that charge upon him was out of his love and respect to his country, 
thereby to prevent that some other should not be put upon it, who 
might have made use of that power and force to their prejudice, 
whereas he never intended any such thing; by which he did not 
only most basely betray his majesty's trust, but there did also en- 
dear himself to the people, and by the same means exasperate them 
against their king and sovereign. And that he was not only ac- 
cessory hereto, but really guilty of the thing itself, appears by his 
own discourse to divers persons, that if he had pleased he could have 
landed his forces, and done what further he was warranted by his 
commission, but that he never intended it; which double dealing may 
be yet more clearly evinced, in that he had frequent private meetings, 
correspondences, and practices with the counter party, as particu- 
larly by his ordinary appointments upon the sands of Barnbougal, 
and other places next adjacent, where he usually kept his meetings 
with some who were most desperate leaders and promoters of these 



330 Charge against the duke, I V . 1 2 1 — 

courses. And the prime instruments of the committee and cabinet- 
councils there amongst them, then at the very same time, and in 
the greatest heat of all the business, did profess and give assurance, 
both by word and under their hands, that Hamilton was the greatest 
favourer that ever their good cause had, notwithstanding of all that 
the formality of the time obliged him to profess to the contrary. 
And not only in Scotland, (where it was generally known to be so,) 
but even some of the Scottish commissioners did profess to some of 
this kingdom, that Hamilton had done things which they did not 
approve ; but yet that he had been much more friend than enemy to 
the courses of the country, and had done much more good than 
evil : yea Argyle himself, upon a private dispute, falling into heat, 
delivered, that he and those others did nothing but by Hamilton's 
directions, knowledge, or private approbation. As also whilst he 
was in the same expedition, being frequently invited by all his 
majesty's good subjects then in the northern parts of Scotland, he 
most treacherously betrayed them, and abandoned the business, 
as particularly can be instanced by the marquis of Huntley, who be- 
ing appointed to receive his majesty's orders from time to time by 
Hamilton, whilst he did endeavour at the beginning, at Turreff and 
other places, vigorously to suppress that party, was straitly inhi- 
bited to engage ; but by the contrary, by peremptory orders, willed 
to suffer the malignant party to be the first beginners, by which 
restraint the business was totally ruined, as is notoriously known. 
After which, the viscount of Aboyn, being clothed by his majesty 
with commissions, and to have had some experimented officers 
along in that employment, the said duke of Hamilton did break off 258 
that probable course, and engaged such of his own election and 
trust, who did so evidently miscarry the business, as thereafter they 
were to be accused by the whole noblemen and gentry of that party. 
Like as he having got orders about the same time from the king, to 
send sir Nicholas Byron's regiment to assist the king's party in the 
north, who could easily have reduced all that country to his ma- 
jesty's obedience; notwithstanding thereof, and of their frequent 
solicitations to have it done, he still shifted the business, and would 
never give way to it, pretending that he had some other design in 
hand for them, though all they had to do was to die below decks, 
and be thrown overboard into the sea. And how often he might 
have put forces great enough to land, and how frequently he was 
invited to it, the whole kingdom can bear witness. 
Answer to Article IV. 
122 To the fourth article the defendant says, it is most false that 



—122 and the duke's answers. (1643.) 331 

he betrayed his majesty's trust or service when he commanded, 
the fleet, and that he is ready to justify every step of his actings 
there by his majesty's instructions and letters, which he received 
every third or fourth day when he had that employment ; nor is 
he answerable for what others might have said of him. His 
majesty knows well that he did not desire that employment for See p. 114. 
himself, but, conscious of his own unfitness, entreated to be excused 
from it ; this his majesty not allowing, he undertook the service : 
and his majesty likewise knows what informations and advices he 
sent him, and that he gave punctual and ready obedience to all 
the orders he received. Nor was his service there useless, for be- 
sides the great diversion it made by the huge bodies were left to 
guard the coast, he took divers ships, particularly some coming 
from Germany with many officers, who were returning home to 
offer their service to the covenanters : and his carriage was so far 
from making him gracious to that party, that none was more odious 
to them, which appeared in the curses and reproaches were cast 
on him as he passed through the streets of Edinburgh to possess See p. 144. 
the earl of Forth of the castle, a little after the pacification ; nor 
had it been possible for him to have escaped at that time more 
sensible affronts,, if he had not taken some leading men of the cove- 
nanters along with him. When the defendant was in the Frith, See p. 124. 
he sent his majesty's proclamation to those then in arms, and used 
all means possible to engage them to a compliance with it ; nor 
had he any conferences with them in secret when he was aboard, See p. 133. 
but had always some witnesses by when any were sent from the 
covenanters to him, and did immediately give his majesty an ac- 
count of all that passed ; for proof whereof he desires his letters to 
his majesty be examined. Neither had the defendant any orders See p. 131, 
to land his men till his majesty was come to Berwick, but had ex- 1 ^' 
press orders to the contrary : and it was thought, that his lying in 
the Frith did more amuse the enemy than his landing could have 
prejudiced them, since they being uncertain where he might land, 
great bodies were kept upon the whole coast, which if he had 
landed had gathered together against him, and had been too strong 
for him, being about four times his number. Nor did the defendant 
make any appointments on the sands of Barnbougal, as is most 
falsely alleged ; nor did he ever set his foot on land, except on the 
isles of Inchcoln and Inchkeith, all the while he lay in the Frith. 
It is true he was once very near the sands of Barnbougal, but on a 
very different design : he chasing a bark that run herself aground 259 



S32 Charge against the duke, IV. 122 — 

there, was likewise stuck fast, and had almost been taken prisoner, 
divers volleys passing betwixt his men and those on the land ; but 
Seep. 138. his boatmen, with much ado, got him off. Nor had the defendant 
any orders to proceed to hostilities till two of his regiments were 
called to the camp, nor could he safely land the other that remained, 
consisting only of seventeen hundred men. It is true, upon his 
majesty's orders he was resolved to do the enemy all the mischief he 
could, but about thirty hours after he got these orders (in which 
time he was considering where he was first to make an impression, 
and did go out himself to have fired some ships, but by a mischance 
was run on a shelve, so that he lost that tide) they were counter- 
See p. 139. manded by new orders: for his majesty having resolved to treat 
with the enemy, commanded him to go on to no more hostilities, 
but to come and wait on his sacred person ; so that the defendant 
having in all things followed his majesty's orders in that service, 
was well approved of by his majesty. Nor can any thing be charged 
on him from what the leaders of the contrary party might have said 
or written of him, either then or since, which might have been done 
on design either to encourage their own party, or out of hatred to 
the defendant, that thereby they might possess his majesty with jea- 
lousies of him. Nor was the defendant ever invited by his majesty's 
See p. 140. good subjects to come north, except by one letter the earl of Airly 
wrote him, which he got after his majesty called the two regiments 
from the fleet ; and about that time his majesty commanded him to 
stop all hostilities, and give attendance on his person. He had like- 
See p. 123. wise express orders from his majesty not to think of the north, till 
some good were done in the south ; and it is most falsely alleged, 
See p. 117. that when he was there he abandoned the marquis of Huntley, who 
was taken prisoner before either he or his men were shipped : and 
the orders he sent that marquis were by his majesty's express com- 
mands, founded on very good reason, that he should not make a 
rupture till his majesty's forces were drawn together, and near the 
borders, lest (as by the event did appear) the enemy should have 
overpowered him if he begun too soon ; and, as the defendant hath 
been informed, that business was ruined, not by the restraint these 
orders gave, but by the treachery of some of the defendant's ac- 
See p. 135. cusers, who were then in arms against him, and took that marquis 
I3 ^' under trust. And when the viscount of Aboyn came to the defend- 

ant with his majesty's letters, (which were of a very old date,) he 
was supplied to his heart's desire, as himself professed. His ma- 
jesty had before his coming called away two of the regiments that 



— 124 and the duke's cm&wers. (1643.) 333 

were with the defendant, and he had orders not to weaken the 
other ; so false is it that he had orders to send Byron's regiment 
to the north : but he gave the viscount of Aboyn some experienced 
officers, arms, ammunition, and money. And the defendant hath 
been well informed that the miscarriage of that attempt did not flow 
from those he sent with that lord, but that being encountered by 
soldiers commanded by some of the defendant's accusers his lord- 
ship betook himself to his heels, but the others, whom the defendant 
sent with him, behaved themselves gallantly, and laid all the blame 
of their bad success on that lord. It is also false that Byron's regi- 
ment was kept to die below decks, since, from the time they went 
aboard till they were discharged, there died not ten of their num- 
ber : so false is this article in all its branches and assertions. 

Charge. 260 

123 Article V. — That in all his demeanour he went about to advance 
the designs of that people against the king, as by secret encouraging 
them to persist in their obstinate courses, so by private discouraging 
of well-affected men to persevere in their allegiance ; and in particu- 
lar did advise some noblemen (who craved his opinion how they should 
behave themselves in these distractions) to agree with the country, 
and go home and make their own peace. Like as after the pacifica- 
tion at Berwick, continuing in his wonted strain of incensing, in an 
underhand way, the people against their king, being demanded why 
he denuded himself of his former commission, his answer was, be- 
cause he knew the king intended to keep nothing of that which at 
that time he had condescended unto, otherwise he would not easily 
have parted with the honour of that service. By which he did so 
wound the king in the opinion of his subjects, of the sincerity of his 
intentions, that as no one thing did at that time breed more rubs 
and difficulties to his majesty's service ; so is there nothing by 
which the people are more readily and easily stirred up to the pre- 
sent rising in arms, than the opinion they then, and, by his continual 
underhand working, have since drunk in of the king's intention to 
reverse (in case he should prevail in England) all the acts and 
favours he had condescended unto to his subjects of Scotland. 

Answer to the fifth Article. 

124 To the fifth article the defendant says, he ever studied, by all the 
means that became a good subject and countryman, to bring the dif- 
ferences betwixt his majesty and his subjects to a happy temper; 
and he desires the malice of his accusers in forming this article (as 



334 Charge against the duke, IV. 124 — 

all the rest) be considered, wherein base discourses and advices are 
fastened on him without naming the persons to whom they were 
given : and in this he cannot but commend his accusers' prudence, 
who have named no person till they have tried upon whom they can 
so far prevail as to be guilty of the wickedness of owning such lies. 
The defendant can prove the contrary by many, in whose preserva- 
tion it is to be supposed he is more concerned than in any they can 
name, with whom he used his utmost endeavours to persuade them 
to adhere closely to his majesty's interests, which prevailed on some, 
though not on all ; nor did he advise any to agree with the country, 
till he knew his majesty was resolved to end the business in a treaty; 
in which case it could be no crime to advise any to make their own 
peace ; nor did he ever infuse into any person a jealousy that his 
majesty would void the happy settlement of Scotland : sure he is, 
he said and did all was in his power to root these jealousies out of 
the subjects' minds ; which he can prove by innumerable witnesses 
and presumptions ; and no man durst say he heard any of the dis- 
courses mentioned in the article from the defendant, if he were in a 
capacity to call him to an account for it. Nor did he desire to be 
freed of his commission on the account that is falsely alleged in this 
See p. 146. article, but finding his continuing in that place gave a jealousy, not 
only to the country, but to the councillors and officers of state, as if 
too great a trust had been heaped on one person ; and apprehending 
that the expense and greatness of that character continuing long in 
one man would breed envy, and much retard his majesty's service, 
he desired a fitter person might be put in that high trust, and that 
he might be suffered to continue about his majesty's person, who he 
supposes does remember well upon what grounds he desired to be 
freed of that great but invidious character : thus this article is also 261 
entirely false. 

Charge. 
125 Article VI. — That in the petition to his majesty for discharging the 
annuity, (which was not so much pretended for that, as to be a pretext 
under which a firm bond and association might have been contracted 
amongst all loyal subjects, for the preservation of the king's person, 
honour, and authority, and a strict conjunction amongst themselves,) 
he could not be induced to put his hand to it, until a clause con- 
ceived in favour of his majesty to the effect above expressed (as 
too great an eyesore) was dashed out ; and the same thus dashed 
being sent up to court, and the desire of the petition most graciously 
condescended unto by his majesty, and delivered unto the earl of 



—127 and the duke's answers. (1643.) &®& 

Lanerick, chief secretary, the same was kept up, to the great amaze- 
ment of all those noblemen and gentlemen who had signed the 
same, and total discouragement of others to appear in that or any 
such course thereafter. 

Answer to the sixth Article. 
126 To the sixth article the defendant says, that he sees there is 
nothing so false but his enemies have the impudence to fasten it on 
him, since he was one of the chief contrivers and promoters of that 
petition, as he can prove by hundreds of witnesses; nor did he See p. 211. 
dash or cause to be dashed out any clause that was conceived in his 
majesty's favours, which his enemies, with their usual falsehood, say 
was too great an eyesore. It is true, he saw divers draughts of 
a petition against the annuities, and some of them had expressions 
in them which the judicatories of that time would have declared 
contrary to acts of parliament, which, by the advice of good lawyers, 
all that were well-affected to his majesty's service rejected ; and 
yet the draught agreed to will be found to contain yery plainly the 
assurances of their fidelity to his majesty : and that draught being 
agreed on, the defendant sent it to all the places where he had in- 
terest, and procured very many subscriptions to it; so unjustly is 
the defendant charged in this article. But as these subscriptions 
were thus procured, the council stopped all further proceedings in 
that business by a declaration, forbidding any to subscribe it ; nor 
did his majesty send any answer to those petitions to the de- 
fendant. It is true, by his instructions he did empower them to 
discharge the annuities to such as had petitioned about them: if See p. 220, 
this was not done, it was not only the defendant's deed, but was the 
concurring opinion of the others joined with him in trust by his 
majesty, who he doubts not shall be able to give a very good ac- See p. 223. 
count of that, as of all the other particulars committed to their trust, 
whenever his majesty shall call them to it, and shall shew him very 
good reasons why they did not proceed any further in that affair. 

Charge. 
I2 <7 Article VII. — That since he left his majesty at York, he hath been 
still labouring to frustrate the good intentions of his majesty's faithful 
subjects of Scotland, and to bring matters to the pass they are now at, 
which may be clearly evinced by the particulars which follow. First, 
when some noblemen of that kingdom, well-affected to his majesty's 
service, perceiving the intentions of some there to engage that nation 
in rebellion with the malignant party here, made offer of all their 
best services and ready endeavours to prevent the same, for them- 



336 Charge against the duke, VI. 127 — . 

selves, and in the name of all the king's greatest and best-affected 
party there ; he, to disappoint those promising and evident courses, 
thrust himself into the business, and in a very seeming plausible 262 
way undertook to keep that kingdom in peace and quiet, and from 
attempting any thing upon this nation, or against his majesty's 
service now depending here, and (to make it appear the more spe- 
cious) without making use of any force, or putting his majesty to 
any trouble or charges ; and withal solemnly engaged to break off 
all his alliance, ties, and friendship with the marquis of Argyle, (who 
doth make himself so much the head of that rebellion against his 
majesty,) or otherwise persuade him to acknowledge himself, and 
become a good subject, and that betwixt and three months there- 
after at farthest : the effect of all which undertaking had this result; 
first, that immediately upon his return to Scotland a convention 
of the estates was indicted without the king's knowledge or consent, 
a precedent whereof can never be shewn in any records ; which 
coming to his majesty's knowledge, he did immediately direct a 
letter under his own hand, willing that Hamilton, and some other 
of his complices, who had his majesty's trust for the time, should 
declare the said meeting illegal, and disapprove it in his majesty's 
name. About the time of the receipt of which letter the said 
Hamilton, and" some of his cabal, did employ the earl of Calander 
from them to speak with a great many noblemen of the king's party, 
and take their advices in what was to be done ; and they who under- 
stood nothing of his majesty's letter, (it being altogether kept up 
from them,) declared all in one voice their judgments were, that 
his majesty should disclaim the convention, and declare it illegal, 
and that they would all be willing to join with Hamilton and his 
party, and take their lives in their hands to maintain his majesty's 
honour and authority, and free themselves from the slavery of those 
rebellious tyrants. It was answered them again by the said earl of 
Calander, (his majesty's letter being still suppressed,) that the king 
would needs approve of the convention with limitations ; to which it 
was replied, that they behooved either to be very ignorant or un- 
faithful who had given his majesty such advice, seeing those people 
would never confine themselves within limits, or take a part, if it 
should be left them in their power to extend themselves and over- 
reach all ; and that they would on no terms assent to any such 
course, as being intended for nothing else but a hollow undermining 
of his majesty and all his faithful subjects. So they parted with 
little satisfaction on either hand ; and some davs thereafter the said 



— 127. and the dukes answers. (1643.) 337 

earl of Calander was again directed to the same parties, to persuade 
them still to the former overture, but to no effect : yet in end, lest the 
service might seem to suffer by so much difference in opinion, they 
desired Calander to shew Hamilton and those of his party, that 
since he was only trusted and employed by his majesty in the busi- 
ness, their affection and tenderness to the service should make them 
very unwilling to differ with him in the way ; and however in their 
own judgments they did no way approve that the king should so 
far wrong his authority, as to allow of any such illegal proceedings, 
which did portend from bad causes worse effects ; yet, since his 
majesty would do it, and they needs have it so, they should go 
along, but with one caveat, which was, that if the convention did 
not observe these limitations prescribed by his majesty, in that case, 
that they should protest, and withdraw presently from the house ; 
and that then all who were for his majesty's service should imme- 
diately join themselves together, and take the field. This being 
solemnly concluded, and with much attestation, it was resolved, that 
all who did affect the king's service, and had vote in the convention, 
should be present there, upon certain hopes that they should be able 
to balance either by voices all violent courses, or at least to protest 
against them, and adhere to his majesty's service and authority in a 
vigorous way. But all their great promises and fair assurances ±63 
were either not intended or very soon forgotten : for whilst it was 
the first act of the convention, after his majesty's letter was read, to 
voice themselves a free assembly as any had ever been kept in that 
kingdom., notwithstanding of the restraints in his majesty's letter, 
and that in that case protests and declarations, and every thing else 
in his majesty's behalf, were faithfully assured, they came so short 
of that, as when Hamilton's voice was asked, and all expected he 
should have made a protest, he pronounced so doubtful an oracle, as 
Argyle seeming to question of what spirit it came, (though no ques- 
tion it had been oft so concluded among them the more to possess 
others with panic fears,) desired he should explain himself, if that he 
meant not thereby any protest ; who answered, that he never in- 
tended to protest against a national convention, and that it seemed 
his words were very much mistaken. To second this, his brother 
Lanerick, the king's chief secretary, rose up, and had a discourse to 
qualify Hamilton's expressions, and free them from all such disloyal 
blemishes as a protest in the king's behalf : so all who were to have 
declared themselves for his majesty, being surprised by so strange 
and unexpected a way, withdrew, and retired themselves from the 
meeting in a general discontent. And yet their affections being such 
Hamilton. z 



338 Charge against the duke, IV. 127 — 

to his majesty's service, as they were unwilling to leave it on these 
terms, however so badly handled, would not let it rest there, but 
would yet put him a little further to it, making again the offer of all 
their best endeavours for his majesty's service ; desiring that since 
he was only the person chiefly employed by his majesty, and one 
who had most interessed himself in the king's trusts, that they 
might be directed by him in the matter of his majesty's business 
how to carry themselves, and whether or not it were more fitting 
for the service that they should sit in the convention or absent 
themselves, or do whatsoever else. He was so far (notwithstanding 
of his employment and trust) from giving information, encourage- 
ment, or advice, as all that he returned them for their affection and 
faithfulness to his majesty's service, was, that they might use their 
own discretions, and do as themselves should think fit ; which did 
so evidently discover unto them his hollow-hearted cunning, the 
ruin by consequence of his majesty's affairs, the slight and cold way 
they themselves were used, and the ticklish condition he had so 
mired them into, as they seemed constrained for the most part to 
keep the convention, and countenance all those illegal and rebellious 
ways were taken in it. And it is likewise to be remembered, that 
notwithstanding his majesty's letter, wherein he declared his express 
pleasure anent the discharge of that illegal indiction, that they did 
not only suppress the same, and keep it up from the knowledge of 
the king's faithful party there, but also did procure from his majesty 
an allowance to that illegal meeting, contrary to his majesty's plea- 
sure already expressed unto them, and the wishes and desires of all the 
faithful party in that kingdom. It is also to be called to mind, that 
after all hopes and probabilities of the king's service in the matter 
of the convention were absolutely deserted and given over, that 
Will. Murray, who was commanded by the king to agent his affairs 
there then, desired a meeting of those of the king's party who had 
already kept these two appointments with Calander before the con- 
vention, who (notwithstanding his majesty's service^ had been so 
grossly and palpably already miscarried, and they themselves so 
notably abused in it) being willing to study rather the remedies than 
regrate the disease, and redeem the time rather than complain of its 
loss, once for all were content to hear what could be propounded 
for the recovery of business ; which only proved that they would 
undertake and join to regain that aftergame which a few* had 
spoiled, and all given over. Notwithstanding whereof, they gave it 264 
Will. Murray back in his commission to Hamilton and his complices, 
that if they would really and even down put on a resolution to 



—129. and the duke's ansivers . ( 1 643 . ) 389 

appear vigorously and to purpose in the service,, they in that case 
(to shew they should not mingle themselves nor any of their parti- 
culars) would be willing to follow, were it Hamilton or any, in what 
should prove to the advancement of the service : otherwise, if they 
thought that too much, that they would be willing to join hand in 
hand, and put their lives and fortunes and all together at the stake 
with them ; and if that did not satisfy, but that they esteemed it 
too rash a business for men of so much cunning to engage in, that 
they would but approve them to put it to a hazard, and they would 
willingly take their adventure, which should they carry they could 
be very willing that Hamilton and his party should have the esteem 
of it, did they miscarry or succumb, that he and his might take 
their own course of safety without being concerned in their mis- 
fortunes. This commission being home and heartily delivered, it 
was promised by Will. Murray, that Hamilton and his party should 
be presently put to it, and an answer returned ; for the more hasty 
despatch whereof, they sending along one of their own number to 
expede the return, Hamilton and his complices being several times 
convened and pressed upon it, did absolutely refuse to meddle in 
that kind, which was all their answer : so that the other being will- 
ing, notwithstanding of all these hollow-hearted treacheries, both 
before, in the time, and after the convention, either to follow,, join, 
or hazard alone in his majesty's service, would they but approve it, 
they refused all either to do alone, join, or suffer others to do it ; 
after all which there could be nothing resting but an invincible ne- 
cessity to know his majesty's own mind, since they who had his 
sole and absolute employ and trust did so much abuse it to his dis- 
service. 

128 By all which points, circumstances, and cunning fetches, to bring 
this convention to the wished period, it may clearly appear to every 
undeluded eye, that he is accessory to that bad plot of raising this 
army in Scotland to disturb the king's affairs in this kingdom, that 
so, all being brought to a chaos of confusion, he might the better 
fish his hopes and ends from amongst so troubled waters. 

Answer to the seventh Article. 

129 To the seventh article the defendant says, he does not much won- 
der that his enemies have filled this up with many falsehoods, since 
they have the impudence in the former articles to fasten many 
things on him which were known to his majesty to be falsehoods : 
but no wonder their malice does culminate in aggravating the par- 
ticulars of this article, they being recent and passed since his majesty 
was in Scotland, and since the defendant had the honour of waiting 

z2 



340 Charge against the duke, IV. 129. 

on his majesty, and giving him more particular informations than 
letters or messengers could carry ; and the tragical event of affairs 
seems to offer colours (as is usual in such cases) for charging those 
who had the chief trust in them. But the defendant doubts not he 
shall be able to make appear the falsehood of this article, in all these 
particular instances with which he is charged : and first, his majesty 
knows best of any if he did thrust himself into affairs, and if he did 
not act only as he was commanded and employed by him ; nor does 
the defendant know who those noblemen were that made such offers : 
his majesty knows better if any such were made. The defendant 
Compare knows well that some of his accusers made some offers to her ma- 
p iqq W1 3 est y aDOut eight months after his majesty had sent him to Scotland : 

but as these offers were designed to make his majesty the first %6§ 
breaker, which would have been infinitely to the prejudice of his 
service, and have given incurable jealousies to the subjects of all his 
majesty's concessions, so no rational methods were proposed for 
prosecuting them ; and it seemed they flowed from the desperate 
state those lords were in, who had engaged as deep against the king 
as any had done ; but afterwards not meeting that esteem and those 
rewards which their ambition and vanity had designed, and their 
fortunes being ruined, they pretended much zeal for the king's ser- 
vice, but offered no rational appearances of being able to prosecute 
what they undertook. But the defendant, as both their majesties 
well know, laid the whole matter before them, with his own opinion, 
and the grounds on which he went : and they do also know with 
See p. 215, wna t impudent falsehood it is alleged that he undertook to keep the 
kingdom of Scotland in peace, since both in his discourses and 
letters he often said, he would undertake for none but himself; and 
that he very much feared the conjunction of that kingdom with the 
two houses, and that the utmost of his hopes was to keep off things 
by delays for that year : and in this he appeals to his majesty, and 
to all in the court with whom he kept correspondence. And for his 
engagements to break with the marquis of Argyle if he did not faith- 
fully adhere to his majesty's interests, it is well known how ill an 
Seep. 210. understanding and how little correspondence hath been betwixt 
the defendant and Argyle these twelve months past. His majesty 
also knows, that when the chancellor of Scotland was sent up last, 
the defendant wrote to him to look well to him, for it was believed 
(and it was the defendant's own opinion) that if he went to London 
he would engage in an union with the two houses, in name of the 
kingdom of Scotland, of which when his majesty challenged the 
chancellor, he denied it, and said, these were jealousies infused into 



129. and the duke's answers. (1643.) 341 

his majesty by the defendant ; so far was he from abusing his 

majesty with vain hopes. Nor is it strange that his enemies 

charge falsehoods on him in matters pretended to be transacted 

among few hands, since they are so impudent in matters that were 

public as to say, that immediately upon his return to Scotland a 

convention of estates was called, for that was not done but after Compare 

he had been sent to Scotland almost a whole year: and all that p " I9 | and 

J p. 218. 

time the defendant did render his majesty such services, that he 

was pleased out of his royal goodness not only to write him many 

letters of thanks, but to confer divers marks of his favour on him. 

And when the convention of estates was appointed to be called, the 

defendant did all he could to oppose that resolution, and entered S;:e p. 218. 

his declaration against it, which is yet upon record, having omitted 

nothing he could either say or do to hinder the calling of it, for 

which service he received a particular letter of thanks from his 

majesty: and the defendant says, that there was no letter written See p. 232. 

from his majesty to him, to hinder the meeting of that convention, 

nor does he know who are meant by his complices or cabal, as they 

are afterwards called, except those lords whom his majesty joined 

with the defendant in the instructions he sent them. The first 

article of these being that they should do all was possible for avoid- See p. 219. 

ing divisions among his majesty's subjects, and a latitude being left 

for them to do what might be most for his majesty's service on their See p. 245. 

perils, and as they should be answerable, they were to considering 

what was most to his majesty's service. It is true, his majesty did 

direct a letter to the council to forbid the meeting of the conven- See 

tion, but did remit it to the consideration of the lords whom he 

had trusted, whether it were fitter to deliver or conceal it ; upon 

which they were obliged to consider what was best to be done ; 

nor was it fit for them to divulge that letter, till it was considered 

whether it should be made use of or not. But the lords that had 

his majesty's trust did call some meetings of all who were judged 

best affected, to consider what advices were to be offered to his 

majesty; and they all did return their joint advices, with the rea- ge 226 

sons that prevailed with them, to his majesty, wherein the defendant 

was but one of seven, and so is not to be charged nor answerable 

for the advice so given ; since they only offered advertisements to 

the king, with their advices and the reasons that prevailed with 

them ; and as his majesty (who could only judge what advices were 

best) gave orders, so they did act : if the advertisements sent were 

false, or their advices against law, they are accountable for them ; 

but are not bound to answer for the good success of every thing 



842 Charge against the duke, IV. 129 — 

they advised, that being in the hands of God : and neither the 
defendant, nor any other joined with him in trust, did advise his 
majesty to authorize the convention, but only to allow them liberty 
to sit, so they kept within the prefixed limits. And there was good 
reason for offering such advice, his majesty's affairs not being in so 
promising a condition that it was fit for them to begin the rupture ; 
and it was certain that these who called the convention without his 
order would have acted in it notwithstanding his prohibition, which 
must have either affronted his authority, or precipitated a breach, 
which could not bave been done at that time without the ruin of the 
king's affairs in that kingdom. The defendant did at that time de- 
sire the earl of Calander, that he would use his endeavours with 
some of these who pretended zeal for the king's service, and are 
now the defendant's accusers, that they would lay aside all private 
animosities and concur in his majesty's service, and offer their 
opinions with the method in which they desired things might be 
carried on, and the defendant offered them all possible satisfaction 
in every thing, for which they stood at a distance from him : but 
that earl brought answers very far different from what they pretend 
they sent, and all wise men looked on their propositions as so extra- 
vagant and unpromising, that none could think them fit to be 
followed. But the defendant denies there were any such engage- 
See p. 224. ments passed as in the article is falsely alleged, yet, when the con- 
vention sat, the defendant did often, and no way ambiguously, but 
very plainly, declare he did not own their authority, nor would give 
obedience to any of their acts that were beyond the bounds prefixed 
in his majesty's letter : upon which he withdrew with divers of his 
friends, and did advise and prevail on many to follow his example. 
It is true, some came and asked his advice, of whose fidelity he had 
no reason to be assured, judging, not without grounds, that they 
came to him on design to trepan him ; and therefore he told them, 
that for his own part he was resolved not to acknowledge their au- 
thority, nor give obedience to their commands, by which they might 
easily judge what he would advise, seeing his practice. It is also 
false, that the defendant procured from his majesty an allowance to 
that convention, since the letter his majesty wrote was so far from 267 
allowing it, that it particularly challenged the illegality and nullity 
See p. 232. f that meeting ; and the convention was so far from thinking them- 
selves authorized by it, that they refused to stand to it, or so much 
as to put it on record. It is also false that any such offers as are 
vainly and without truth said to have been made to Mr. Murray 
were ever brought by him to the defendant, or others intrusted with 



—131. and the duke's answers. ( 1 643 .) 343 

him : he was indeed employed to deal with them to overcome their 
untoward jealousies and ambitious vanity, but with no success, as he 
reported and is ready to make good ; but they venting their im- 
placable hatred and ill -grounded jealousies of his majesty's faithful 
servants, left the kingdom in the summer, and possessed many with 
such prejudices, that they infinitely retarded his majesty's service, 
and divided the small party that adhered to him : yet his majesty 
sustained no prejudice from Scotland all that year, which was the 
uttermost that ever the defendant gave his majesty any hope of. 
But it is most basely false, that the defendant did bring the conven- 
tion of estates to the wished period, since he did all that was in his 
power to hinder its sitting, and to get it broken up as soon as it sat 
down. It is also false that the defendant was on the design of rais- 
ing the army in Scotland, which he opposed by all the probable and 
honest ways were in his power, and was ever ready, upon the least 
appearances or hopes of success, to have hazarded his life and for- 
tune to hinder it : and therefore sent frequently to England for those 
supplies, without which their attempt could signify nothing, but the 
exposing the king's party in Scotland to the scorn and malice of 
their enemies. But the necessity of his majesty's affairs in England 
did so retard the answers, that opportunities were lost, and the other 
party had prevailed over all, which forced the defendant to fly out of 
that kingdom, order being given for seizing on his estate, and taking 
and imprisoning his person ; and yet affairs there are not quite 
desperate, but the defendant had many very probable propositions 
to have offered to his majesty, the maintaining of whose prosperity 
and authority hath been the constant design of his whole life. 

Charge. 

130 Article VIII. — That he hath endeavoured to set on foot a title to 
the crown of Scotland, having treated with foreign princes touch- 
ing his claim thereunto, and desired their aid and assistance to 
his right, protecting and maintaining such as wrote treatises in his 
behalf and claim to the crown. 

131 Besides all which particulars of his treacherous sowing of sedition 
betwixt his majesty and his subjects, his undervaluing and reviling his 
own sacred person, his fomenting all the unhappy differences betwixt 
king and people, his exciting of each against the other, his pouring 
of oil into the fire betwixt them both, his direct attempts upon the 
crown, and intentions to usurp, his late carriage doth give too evident 
a character of his invincible disloyalty ; as particularly his treacherous 
carriage, before, in the time, and at the late convention ; his juggling 



344 Charge against the duke, IV. 131 — 

in the business of the counter-petition, and that of the late pretended 
bond, which are so notorious truths, and so evidently to be instructed 
by all his majesty's good subjects, but more particularly by those 
with whom by his majesty's special command he kept a seeming 
correspondence. Besides divers other circumstances, whereby it 
may be clearly demonstrated that he is of the party with them that 
have raised this rebellion in Scotland, namely, that in the instructions 268 
given by that faction to the earl of Lowthian in his late French ne- 
gotiation, one of the particulars earnestly recommended to him, was, 
to desire of the crown of France restitution of the duchy of Chastle- 
herault to him, which in all probability they would never have done 
in his favour, if they had taken him for an enemy to their designs 
and purposes. 

132 Last of all, it is craved, that in respect of his unexpected arrival 
here, there may be liberty to add and amplify this charge as occasion 
shall offer. 

133 One particular omitted above is not amiss to be here inserted, at 
what time the business of the Scottish covenant was at the greatest 
height: a distressed gentleman of Scotland, sir John Ferguson, desired 
the loan of some money from sir John Hamilton of Rroomhill, 
(whose relation and interest every way to the duke are known to 
every one who knows them both,) who answered him in flat terms, 
he would neither give nor lend him a penny, except he and his sons 
would bind themselves to go home and sign the covenant, upon 
which condition he offered to lend him what he sought. 

134 We do engage, from our faithful respects to his majesty's service, 
without any consideration or interest else whatsoever, to make good 
this charge, some of the weightiest points by several witnesses, and 
all the rest by some and strong probabilities. 

Answer to the eighth Article. 

135 To the eighth article the defendant says, here lies the master- 
piece of his enemies' malice and calumny, to charge him with a point 
treasonable in the highest degree, without offering one circumstance 
to make the truth of it appear probable : and such public things as 
the setting on foot a pretence to the crown, the treating with foreign 
princes touching his claim to it, the authorizing and protecting of 
any who wrote in defence of his title, must have been notour and 
known things, and yet no particular is here named ; which clearly 
shews the forgery of the whole, on design to beget in his majesty 
jealousies of the defendant, who knows of no such title to the crown, 
but acknowledges his majesty's and his posterity's (whom he prays 
God to preserve) their undoubted right to the crown. And as the 



— 136. and the duke's answers. (1643.) 345 

defendant acknowledged the great honour of his relation to the royal 
blood, so there is no more reason to charge him on that account 
than to charge any others who are more nearly related to his 
majesty, as are all the noble branches of the prince elector Palatine's 
family. But as the honour of that nearness of blood had no other 
effect on the def.ndant's rogenitors, but to quicken them to serve 
his majesty's ancestors with the more zeal, which appeared most 
signally in the reigns of queen Mary and king James his minority ; 
so the defendant hath in that always traced their steps in the same 
faithful zealous loyalty ; nor can so much as a colour for any of the 
impudent forgeries in this article be made out. The defendant never 
heard till he saw it in his charge, that any did ever write for his 
title, nor does he believe it a whit the more for that : but if any 
such thing be, let the authors of such treasonable books be punished 
according to the merit of so high an offence ; sure he is, he shall 
neither protect nor encourage them. But he does not doubt this is 
a forgery, as all the rest are. The other particulars are an invidious 
needless repetition of what hath been before falsely alleged in the 
charge, and so is already answered. The particular of the earl of 2*>() 
Lowthian's instructions can be no presumption, much less proof 
against the defendant, since these instructions were signed long 
before there was a breach betwixt his majesty and that kingdom : they 
were also brought to his majesty, who signed them, and not only by 
his written instructions did appoint the earl of Lowthian to endeavour 
the restoring of the defendant to his right in France, but did also 
recommend it verbally to Lowthian very earnestly. For the discourses 
that passed betwixt sir John Hamilton and sir John Ferguson, the 
defendant knows nothing of them, nor is he accountable for what 
others, whatever their dependance on him be, have spoken ; he knows 
not whether sir John Ferguson ever took the covenant or not, but 
this he knows well, that he did recommend him to his majesty as 
one that suffered much for adhering to his duty to his majesty, and 
did procure several marks of his majesty's favour for him. 
136 And thus the defendant hath plainly, and in as short terms as was 
possible, and with all the moderation such things can allow of, an- 
swered all the particulars charged upon him ; wherein he doubts 
not but it does appear, especially to his majesty, (who knows well 
how he is able to make out most of his answers from his own royal 
commands, warrants, and instructions,) with how much falsehood 
and malice he is accused, so that little credit will be given to 
the impudent, base, groundless, and improbable forgeries, devised 
to ruin the defendant ; who, as he is ready quickly to adduce the 



346 Lanerick endeavours to vindicate the duke, IV. 136 — 

main and most substantial points of his evidence, so he begs, as an 
act both of justice and goodness, that his accusers have a competent 
time prefixed them for the bringing in and finishing their evidence, 
that if the defendant be found guilty, he may receive condign pu- 
nishment, and if innocent, that he be exhonoured of this charge, 
and liberated of this disgrace, and suffered to accuse his accusers 
for the falsehoods, lies, and calumnies with which they have studied 
to abuse his majesty. 

J 37 The duke having got the charge, desired Mr. Murray would 
earnestly move the king that it might be put to a speedy ex- 
amination, and that his accusers might be ordered to go about 
it as soon as might be : they excused themselves, saying, it 
was impossible while the commotions lasted to get their evi- 
dences brought. The duke hearing of this, said it was the 
saddest thing imaginable to keep him under such high impu- 
tations to so long and indeterminate a term : for though no 
man wished a speedy end to those troubles more than himself, 
yet there were sad grounds to fear they should prove too 
lasting ; and it was hard to keep him under so deep a disgrace 
and such cruel aspersions to that uncertainty. Much was 
also alleged from the laws of England and privileges of the 
peers against this procedure. His enemies fearing these 
reasons might at length be heard, procured an order in the 
beginning of January for sending him first to Exeter, on his 
way to Pendennis, a castle upon Falmouth in Cornwall, to be 
kept prisoner till his trial were ready to be gone about. 

138 Lanerick was as active as he could both for his brother and 
himself. The particulars he was charged with did not amount 
so high, and were chiefly his concurrence with his brother; 2jo 
for the affection and confidence betwixt them was so entire, 
that all judged the one could not be innocent if the other was 
guilty. The two English secretaries were appointed to ex- 
amine him, but he answered them only in some general things, 
and told them, that for those particulars of his late trust, 
divers other Scottish lords were concerned in them, and it was 
not an English business ; and therefore he desired liberty to 
give his majesty satisfaction, but refused to do it to any other 
person. And he seeing the party made against them was so 
strong, did earnestly crave liberty to go beyond sea, since he 
could not be so happy as to serve his majesty longer in 



— 340. and makes his escape. (1643.) ^47 

Britain : and he engaged his word of honour never to meddle 
any further in British affairs, but as soon as he should be 
called home, to undergo his trial, he should, upon the faith of a 
gentleman and Christian, return, since it was hard that they 
should be condemned to the infamy of so long a disgrace 
without any trial. But to this he had no return ; and it 
seemed that none of these messages were faithfully carried to 
his majesty. 

139 Next he desired, that since he must continue prisoner, at 
least that small happiness might not be denied him of being 
prisoner with his brother ; but neither got he any return to 
this. And the king sent to him for the court -signet, but with 
this declaration, that he did not thereby intend to remove 
him from the office of secretary ; which yet remains, bearing 
date, Oxford, the 16th of January, 1644. Signed George 
Digby, Edward Nicholas. He got also advertisement sent him 
that next day he was to be sent to Ludlow- castle in Wales. 

140 When the earl of Lanerick saw that the malice and power 
of their enemies was so great, that they were not like to 
obtain a trial for clearing their innocence and discovering the 
forgeries of their accusers, and fearing a long and cruel im- 
prisonment, (some surmises being also brought him of greater 
severities,) he made his escape out of Oxford. The particular 
way whereof is not needful to be inserted. Only the malice of 
his enemies appeared more signally upon the knowledge of his 
escape, who came and moved that his page, (Robert Kennedy,) 
who had been employed in making it, and stayed behind him 
at his lodgings, should be hanged out at his window. But 
the king told them it was very unjust and unreasonable to 
punish a servant for his fidelity to his master, and commanded 
him to be set at liberty. The earl of Lanerick went to London, 
and from that returned to Scotland, where it clearly appeared 
that neither the malice of his enemies nor the hard measure 
he had met with at Oxford could overcome his love and duty 
to the king: for though he was forced to comply in many 
things with the public counsels, yet he begun very soon to 
draw a party that continued to cross the more violent and 
fierce motions of Argyle and his followers. But here the 
writer is forced to stop, papers failing him for prosecuting 
this narration. 



348 The duke, though used with much strictness, IV. 141 — 

I 4 I The duke was upon his brother's escape used with much 
strictness, his servants were put from him, his money taken 
away; he was denied all freedom, and the use of pen and 
paper was refused him, except to write petitions to the king : 
yea, in the room where he stayed he met with disaccommo- 271 
dations which are not fit to be named. As soon as his majesty 
knew of this, which was as long delayed as his enemies could, 
that strictness was changed, but still he continued to be a 
close prisoner. And though he always petitioned for a speedy 
trial, yet he was put off: but for all that severity of usage, 
his majesty's affection continued to be very great for him, and 
he sent him many kind messages. One was carried by sir 
Alex. Frazer, (which he avouched to the writer,) who told 
him that his majesty had an entire confidence in him, and was 
resolved to release him very speedily : how his majesty was 
diverted from that, the writer does not know. 

*4 2 But to give the narration of the duke's exercises during his 
long and tedious imprisonment is a task which no pen but 
his own could have performed : for that great mind which had 
formerly dilated itself in gallant designs and actions, being 
restricted to retired contemplations, spent itself in thoughts 
worthy of their author. Here it was that he, instead of a prison, 
begun to see a passage into liberty and true freedom : and 
those better thoughts, which a crowd of affairs and the en- 
tanglements of interest had barred free access into his mind, 
meeting now with none of that resistance, but quickened from 
his present misfortune, wrought a great change on him. And 
here did the vanity of the world and the folly of human great- 
ness, with all that is splendid on this side of immortality, 
discover itself free from that false varnish that had formerly 
wrought too much upon human infirmity, which raised in him 
a just undervaluing and loathing of those bewitching but de- 
ceiving charms : and he meeting with reproach and slander 
on every side, betook himself to the Rock of ages, as to his 
strong refuge. He was much pained with frequent returns of 
the stone, which was fed by the lazy rest of his prison : yet 
his converse was so agreeable, that it took exceedingly with 
all his guards and keepers, which being apprehended by his 
enemies, the place but not the nature of his restraint was 
changed. And in one of the places of his imprisonment, 



—143- refuses to escape. (1643.) 349 

a person of honour, who was governor of the place, was so 
much wrought on by the nobleness of his deportment, that as 
from the first time he was committed to his keeping he used 
him handsomely and with great civilities, notwithstanding 
strict orders he had to the contrary, so he afterwards offered 
to let him make his escape, which the duke generously refused, 
both because he would not do any thing which might turn to 
the prejudice of the governor, but chiefly because he would 
not fly from his majesty's justice, nor stain his innocence by 
an escape. This story was avouched to the writer by the 
person himself that made the offer to the duke. 
143 Some, who pretended friendship to him at court, wrote to 
him, that the only way to clear himself of all imputations was 
to get his friends in Scotland to concur vigorously in the king's 
service, which was then managed with great success by my 
lord Montrose : but he answered them, that since he was 
charged with such heavy imputations, he did not think it 
decent to meddle in any thing till he were once legally cleared 
of these ; neither could it be imagined that his letters would 
signify much in Scotland under that disgrace, since his pre- 
sence, when under high characters of his majesty's favour, 
could prevail so little. And indeed he had small grounds to 
expect much from Scotland, since those who governed there 
had never expressed any resentments of his usage beyond one 272 
act they passed, declaring it contrary to the privileges of the 
peers. And from some of his friends in Scotland he got letters, 
upbraiding him for his services to the king, telling him, that 
had he been as faithful in serving the King of kings he had 
been better rewarded, and that he was well served for prefer- 
ring the one to the other. But his imprisonment continued 
both this year 1644 and the next year, and lasted till the 
end of April 1646; that some of the parliament's forces 
brought the castle of St. Michael's Mount in Cornwall, where 
he was then prisoner, to a surrender, by which means he had 
his freedom. 



MEMOIRS ^ 



OF THE 



LIFE AND ACTIONS 



OF 



JAMES DUKE OF HAMILTON. 



BOOK V. 

Of the duhe and his brother's employments after his enlargement, 
till the year 1648. 

Anno 1646. 

1 XllTHERTO the tract of my narration hath been trouble- 
some and painful, but the further I engage in it the storms 
grow upon me : for now we enter upon transactions so full of 
horror that my heart and pen begin to fail me ; for who can 
without pain, and a force put upon himself, recount those dis- 
mal passages that are before me ? For now a rebellious party, 
having laid aside their former disguises, did finish all their 
designs in his majesty's murder and the slavery of the nations : 
and in so great a ruin it was not fit the duke should escape 
safe, it being more suitable that he that had shared in his 
master's good fortune, and had also served him faithfully 
during his troubles, should likewise follow him in his suf- 
ferings. 

2 But the duke's thoughts were fully bent on a retreat 
from the world into some retired corner, where he might 
languish out the rest of his unfortunate life, for by this time 
the king's affairs were quite ruined. And as he was un- 
capable of concurring with his enemies, so both his late 
usage, and the desperate posture to which things were now 



i — 4. The king goes to the Scottish army. (1646.) 351 

driven, made him resolve to engage no further ; and his quality 
was such, that he could not lie neutral when both parties were 
in so high a rivalry one against another. Yet he could not 
temper himself, so great was his affection to the king, from 
studying to do him the best services and offices he could, both 274 
with the Scottish commissioners at London, and his friends 
in the house of peers, to engage them to treat with the king 
on easy terms. 

3 On the 6th of May, his majesty seeing affairs brought to a 
desperate pass, resolved to throw himself into the hands of his 
Scottish subjects, that he might make trial of all those large 
professions of affection and duty they had always made. This 
design was communicated to the earl of Lauderdale, then at 
London, but he, as he informed the writer, studied to dissuade 
his majesty from it ; assuring him that he knew the army and 
the church-party which then prevailed in Scotland would not 
be firm to him, unless he yielded to their demands about 
religion : but notwithstanding that, upon some slender assur- 
ances got from Mons. de Montrevil, agent from the French 
king, his majesty went to the Scottish army, (the particulars 
whereof, and of the subsequent as well as foregoing public 
affairs, not being the chief business of these memoirs, little 
more is any where touched of them than what is necessary for 
making out the thread of the duke's concerns, so as it may 
set them in their true light.) 

4 As soon as this was known at Edinburgh, the committee of 
estates, which was then sitting, sent the earl of Lanerick and 
some others to wait on his majesty, with great expressions of 
their duty and good intentions, protesting how dear the pre- 
servation of his sacred person and his just power and great- 
ness should ever be to them; wherefore they expected his 
majesty would give full satisfaction to the just desires of his 
subjects ;] and as a preparation to this, that he would recall any 
commissions he had given against the kingdom of Scotland. 
But these commissioners were ordered to do nothing that might 
raise jealousies betwixt the kingdoms, and therefore were to 
treat jointly with such commissioners as should be sent from 
the two houses. And as they of Scotland sent their commis- 
sioners with these instructions, yet extant, so they emitted a 
proclamation forbidding any to go out of the kingdom without 



852 The king complains of ill usage. V. 4 — 

public permission; which was done to hinder those of the 
king's party from coming to him. 

5 What reception my lord Lanerick had from his majesty 
doth not appear to me, but I find he was very quickly as well 
seated in the king's affection and confidence as ever. On the 
13th of May the Scottish commissioners presented their first 
paper, which went not beyond general things, containing a 
welcome, with an offer of their service according to the 
covenant. But in their next paper they pressed the king to 
send a message to his two houses for a happy peace, not being 
satisfied with that letter he had formerly written to the 
speaker of the house of peers; since no grounds were laid 
down for a pacification, a treaty being only in general terms 
desired. Of all these papers that passed, the originals do yet 
remain, 

6 Next day the king called both for the chief officers of the 
army and the commissioners sent to him out of Scotland, 
and in presence of Mons. de Montrevil did expostulate, that 
whereas he had come to their army upon the assurances Mons. 
de Montrevil had given him, that he should be safe in his 
person, honour, and conscience, the two last were not kept ; 
for he was pressed to settle religion as they desired, wherewith 
his conscience was not satisfied : next, his subjects had not 
free access to him, but proclamations were issued out forbidding 275 
them to come to him ; neither was the ceremony due to him 

as king suffered to be paid him at his entry to Newcastle : 
and lastly, his servants were not suffered to wait on him. And 
his majesty attested Montrevil if those conditions were not 
made to him, who confidently affirmed it in all their presence, 
and that he had the authentic assurances in French. The 
commissioners retired to think of an answer ; but when they 
returned, they desired his majesty would put Montrevil to it, 
to declare what those assurances were, and who gave them : 
but this was not done. Next they said they would not treat 
with the king in his presence, nor admit of the interposition 
of any foreign agents betwixt them and their native prince. 
And the commissioners of the army resolved that no suspected 
person should be suffered to wait on the king : with which his 
majesty was highly displeased, and for some days would not 
eat in public, but only in his chamber. 



■9. The king moves for a treaty. (164.6.) 353 

7 But because there were many in the army who would have 
engaged cordially for the king on any terms to lessen the ap- 
prehension of this, they got a petition to be signed by almost 
all the considerable officers of the army, (yet extant,) that his 
majesty would settle religion according to the covenant, and 
that he would enter into it himself, and authorize it by his 
command. 

8 On the 18th of May his majesty wrote another letter to the 
two houses, desiring them to send propositions for peace, and 
in order to that, he again offered to put the militia into 
their hands for seven years, as had been offered at Uxbridge. 
He demanded also a safe conduct for sending orders to stop 
all further proceedings in Ireland, since he was resolved to 
leave the management of that war wholly to the two houses. 
He shewed his letter to the Scottish commissioners, but be- 
cause it contained no offer about religion they were not satisfied 
with it; yet it was sent. The next thing the commissioners 
from Scotland moved, was, that his majesty would recall the 
commissions he had given out against the Scottish nation ; for 
the clearing whereof, somewhat must be resumed that passed 
in those years which I have run over so hastily. 

9 In the beginning of the year 1644 the king gave a com- 
mission to the marquis of Montrose, to see what could be done 
in Scotland by force, for diverting the army that was then 
entering into England. He had great hopes of making a 
strong party in Scotland, and doubted not but he should be 
able, with the assistance Antrim undertook to send him out of 
Ireland, to give the Scottish army work enough at home : but 
his hopes failed him, for all were so overawed by the power 
of the covenanters that none would stir till about the end of 
the year. Some came out of Ireland, but far short of the 
number that was promised : and with these, and a few of the 
Scottish nation, he adventured to disturb the covenanters, the 
particular narration of whose enterprises is not to be here 
prosecuted. This was judged by all a bold and desperate at- 
tempt, for as his force was small, so they wanted arms and 
every thing necessary. Some of the wisest of the covenanters 
advised them not to engage with him in any action except on 
terms full of advantage, but to follow him up and down whither 
he went, securing the country from spoil and plunder ; for 

Hamilton. a a 



354 A short account of Montrose's affairs : V. 9 — 

they judged that his men, being so unprovided as they under- 
stood they were, would not hold out long in the hills, but be 276 
forced either to lay down their arms or break out in mutinies 
among themselves, whereby they should have been starved 
with small trouble, except the loss of some time which this 
lingering course would have cost : whereas if they fought with 
them, it was to be feared that the Irish, with some Scottish 
highlanders, and other gentlemen that joined with Montrose, 
being desperate, would be too hard for such raw soldiers as 
would be drawn together to oppose them ; for the covenanters 
resolved not to bring any of their forces out of England or 
Ireland till they were forced to it by necessity. Besides, the 
plague at that time had broken in upon Scotland, and swept 
away many thousands, which filled all places with so much fear 
and horror, that the hearts and hands of all did fail them ; 
and so a faint resistance was to be expected in such a general 
consternation. 
10 Bat the more forward did not relish these advices, and 
many churchmen, being full of hopes of success, and the opinion 
of God's favour to their way, were for engaging into pre- 
sent action. This advice was plausible ; for they hoped for a 
speedy issue of it, whereas delays drew a vast expense on the 
nation. This their error cost them dear, and opened a way 
for a great deal of honour to Montrose, who managed his 
small force with as much conduct as success, and carried all 
down before him with a torrent of victories ; till at length, 
after his last victory at Kilsyth, the highlanders loaded with 
prey, would needs go home to their lurking-holes, which he 
could not resist, his authority over them being but precarious. 
And instead of retiring with them into the hills, he came 
down into the south country with the little handful that 
adhered to him, in hopes that many should have flocked 
about his victorious standard ; but he was generally hated by 
the vulgar, so powerfully had the excommunications and 
thunders of the church wrought upon them. Besides, many 
outrages had been committed by his Irish and Highland sol- 
diers, which had been indeed resisted by him as much as was 
possible ; but having no pay to give them, he durst not 
exercise that severity of martial discipline which had been 
otherwise necessary. Yet all was imputed to his orders by 



-12. the king recalls his commission. (1646.) 355 

his enemies, which made him very odious to the generality of 
those who knew him not : and hence it was that wise men 
did not hope for a good account of the king's affairs from this 
design ; therefore he was not assisted with such forces as he 
had promised himself from the king's friends in the south 
country. But he was become too secure of victory, and be- 
gan to apprehend the fame of his former conquests was able 
to scatter any force could be brought against him ; therefore, 
notwithstanding some advertisements he had of lieutenant 
general Lesley's coming down with a good body of horse from 
the Scottish army in England, he still remained in the low 
country, till he was surprised and routed of a sudden. Then 
he went again to the hills, but there he saw how groundless it 
was to expect any real aid from those wild and disorderly people: 
he traversed to and again through the hills, sparing neither 
labour, industry, nor art, to draw together new forces, but 
was never able to effectuate it, a small body of a few hundreds 
being all the strength he could ever make ; only he was in 
hopes of great matters. And thus it continued till this time, 
that the Scottish commissioners moved the king for recalling 
his commission. 

11 His majesty was willing to grant this, only he desired he 277 
might have liberty to send for him with a safe conduct, and 
that he might be suffered to kiss his hand, after which he 
should go beyond sea, never again to return without their 
consent. But to this they would not hearken ; wherefore his 
majesty, being constrained to yield to all their demands, did 

by proclamation call in his commission, and sent a gentleman 
with orders to him, and such as were with him, to lay down 
their arms immediately. 

12 To this Montrose answered by a despatch, (yet extant, 
dated the second of June,) that as he had proposed nothing 
to himself in all he had done but his majesty's service, so he 
was not now to dispute his obedience to his commands ; only 
he desired, that security might be granted for those gentle- 
men who had hazarded their lives for the king's service, that 
they might not be laid open to the fury of their enemies, but 
might live at quiet in their own houses ; and as for such as 
were counted unpardonable, he desired they might have passes 
to go beyond seas : and at this it stuck for some time. 

a a 2 



356 The king is much pressed to take the covenant. V. 13 — 

13 When this was done, his majesty began to be importuned 
from all hands to settle religion according to the covenant, 
addresses being made to him for that effect, both from the 
army, the commissioners sent from Scotland, the committee 
of estates in Scotland, and the commissioners from the gene- 
ral assembly. But to all those the king answered, that when 
he was satisfied in conscience with the lawfulness of what 
they desired, then, but never till then, could he grant their 
demands ; wherefore, he said, he was willing to enter in con- 
ference with any they should appoint ; protesting, that if he 
got satisfaction to his conscience in those two points, the one 
being, that he judged episcopacy of Divine appointment, and 
the other, that by his coronation-oath in England he was 
tied to the defence of the church as it was then established, 
he should not be ashamed to change his judgment and alter 
his resolutions. Whereupon Mr. Henderson was pitched 
upon as the man of greatest abilities and discretion for that 
task, and during the month of June papers passed to and 
again betwixt the king and him ; of which, they being so often 
published, I shall say no more, but that from these it appears, 
had his majesty's arms been as strong as his reason was, he 
had been every way unconquerable, since none have the dis- 
ingenuity to deny the great advantages his majesty had in 
all these writings. And this was when the help of his chap- 
lains could not be suspected, they being so far from him. 
And it is indeed strange to see a prince not only able to hold 
up with, but so far to outrun so great a theologue in a con- 
troversy which had exercised his thoughts and studies for so 
many years. And that the king drew with his own hand all 
his papers, without the help of any, is averred by the person 
who alone was privy to the interchanging of them, that worthy 
and accomplished gentleman sir Robert Murray, who at that 
time was known to his majesty ; and he discovering in him 
those great parts and excellent qualities, that recommended 
him to the love and esteem of all virtuous persons that knew 
him, honoured him with a great deal of freedom ; and it was 
believed few were more in the king's favour than he was ; him 
therefore did his majesty employ in that exchange of papers, 
being all written with his own hand, and in much less time than 
Mr. Henderson did his. They were given by his majesty to 



— 1 6. Propositions to be made to the king. (1646.) 357 

sir Robert Murray to transcribe : the copies under sir Robert 
Murray's hand were by him delivered to Mr. Henderson; 278 
and Mr. Henderson's hand not being so legible as his, he, by 
the king's appointment, transcribed them for his majesty, and 
by his majesty's permission kept Mr. Henderson's papers 
and the copies of the king's, as was signified to the writer by 
himself a few days before his much-lamented death. 
*4 All this while they were consulting at Westminster about 
the propositions to be sent to his majesty, for now the Inde- 
pendent party begun to prevail ; and as they were certainly 
the strongest in the English army, so they had a great party 
in the house of commons. Their design was to perpetuate a 
military power in their own hands, and to set up a toleration 
of all sects ; and so the propositions at Uxbridge were much 
altered. 

15 The Scottish commissioners, in the papers they gave in 
concerning the propositions, first complained, that the settling 
of religion was conceived in general terms, and that no par- 
ticulars about uniformity of religion were laid down; next, 
they opposed much the propositions about the militia, de- 
siring that no new ones, differing from what had been offered 
at Uxbridge, might be made, that so it might appear they 
were not taking advantages from the straits his majesty was 
in, to diminish his just power and greatness, to which they 
were bound both by covenant and treaties, and which had 
been often repeated in all their declarations : adding, that 
they could not consent to any proposition that should take 
from their sovereign the power of protecting and defending 
his subjects, which necessarily followed, were the militia put 
into the hands of the parliament ; wherefore they pressed 
that the militia might not be settled in the hands of the par- 
liament, but of the king and parliament jointly, and so con- 
signed to such commissioners of both kingdoms as should be 
chosen by the king and them together. 

16 This they backed with a paper containing the extracts 
and citations of the former declarations and papers emitted 
by both houses, to the same purpose, both about uniformity 
of religion, and the maintaining the king's authority, even in 
the matter of the militia ; which was a long and smart paper. 
They also in another paper appealed to all the treaties that 



358 The propositions are agreed on. V. 16 — 

had been betwixt the kingdoms since the beginning of that 
war, wherein the maintenance of the king's just power had 
still been laid down as a ground on which they were to pro- 
ceed in order to a peace. But upon this the Independent 
party begun to say, that the agreement made with Scotland 
ann. 1643 was no treaty, and that the parliament was not 
bound to make good what was agreed to in it. And this 
drew from the Scottish commissioners another large paper, 
proving that to be a treaty ; wherein they did shew how that 
the kingdom of Scotland had engaged both in the Irish and 
English war, upon the invitation the two houses sent them by 
commissioners empowered with ample credentials, signed by 
the tw r o speakers, which gave them power to treat and con- 
clude both about the Scottish army then in Ireland and the 
army they invited to come to their assistance in England ; 
upon which an agreement was treated and concluded betwixt 
the committee of estates in Scotland and the commissioners 
from England, and signed by them, and so transmitted to the 
two houses, who by frequent letters to Scotland expressed 
their ratification of that agreement : and whereas, in some of 
the articles then agreed to, there was an alternative concern- 
ing the Scottish army then in Ireland, their stay there, or 
their transportation, upon which the Independents founded 279 
their allegation that matters were not finally concluded, they 
did shew how false that was ; since that alternative was re- 
mitted, in their agreement then made, to the determination 
of the two houses, who thereupon declared, by repeated let- 
ters, to what branch of it they agreed. So they made it 
appear that no obligation could be brought on any state by 
any treaty that was wanting in that. 
17 But at length the propositions were all agreed on, and the 
Scottish commissioners, though they opposed that article of 
the militia, yet gave way to it, rather than hazard on a rup- 
ture. The propositions being so oft in print, need not be at 
length set down ; only the heads of them follow, taken from 
the original that was delivered to the king, which he gave to 
the earl of Lanerick, and is among his papers : 

x8 First, the annulling of all oaths, and declarations against the par- 
liaments and kingdoms, was desired. 

The next five propositions were about establishing the covenant, 



— 19. The duke is well received hy the king. (1646.) 359 

the abolition of episcopacy and liturgy, and the king's taking and 
authorizing the covenant. 

The next five were against popery and papists, 

The 1 2th was for the observation of the Lord's day, and against 
pluralities and nonresidences, and about universities. 

13. That the militia should be in the hands of the parliament for 
twenty years, who should also have a power to raise money, and 
that after those years the two houses might raise what forces they 
pleased, by their bills, though his majesty gave not his assent to them, 
and that the rights of the city of London should be confirmed. 

14. That all honours, and other writs passed under the great seal, 
since it was taken away from Westminster, should be annulled. 

15. That the treaties betwixt England and Scotland should be 
ratified. 

16. Delinquents were to be excepted from the general oblivion, 
and those were put in several classes, and accordingly several punish- 
ments designed against them. 

17. The late cessation granted by the king in Ireland to be an- 
nulled, and the management of that war to be remitted to the two 
houses. 

The 1 8th was about the city of London. 

19. That all writs passed under the parliament's great seal should 
be in force. 

io In July the duke came to Newcastle, to wait on his ma- 
jesty, and when he first kissed the king's hand his majesty 
and he blushed at once : and as the duke was retiring back, 
with a little confusion, into the crowd that was in the room, 
the king asked if he was afraid to come near him : upon 
which he came to the king, and they entered into a large con- 
versation together, wherein his majesty expressed the sense 
he had of his long sufferings, in terms so full of affection, that 
he not only brake through all of his resentments, but set a 
new edge again upon his old affection and duty. He told 
him, he ever had judged him innocent as to the bulk of things, 
though he confessed there were some particulars he was not 
so well satisfied with : but that his restrain was extorted from 
him, much against his heart; for he had stood out against all 
the importunities of his enemies till the very morning he came 
to Oxford, in which most of the whole court came about him, 280 
and said they would all desert him if he yielded not to their 



360 The king orders the duke to rescue Montrose : V. 1 9- 

desires. The duke professed he was fully satisfied that his 
majesty judged him innocent, and that his heart was still 
what it had ever been to his service ; but he saw himself in 
no capacity of being further useful to his majesty, since these 
jealousies would be ever hanging over his head, though his 
majesty were free of them. Things were now brought to 
great extremities, so that the success of any service might be 
laid on him seemed not only doubtful but desperate. Besides, 
he had no reason to think that cloud of misfortunes which 
did hitherto hang over all his actions was yet broken or dis- 
sipated, and therefore he had particular reason to apprehend 
cross events would yet follow his attempts ; but he knew the 
world would be so unjust as to impute them to his resent- 
ments, and count them not casual, but designed miscarriages : 
wherefore he desired permission to go abroad into some corner 
of the world, where he might enjoy a private retirement. 

20 But the king's answer to this was, that he looked on it as a 
well-couched resentment ; adding, he did not expect he would 
now leave him when he needed his assistance most : and this 
overcame his resolution for that time, therefore he frankly 
desired his majesty would lay his commands on him. 

21 And the first of them gave occasion to a very unexampled 
and sublime exercise of his virtue, for at this time the king 
was in great perplexity about Montrose's affairs ; since to 
leave him to the fury of his enemies, for having served him 
faithfully, was so contrary to his honour and conscience, that 
the king abhorred the thought of it : on the other hand, he 
could not preserve him, for having recalled his commission, 
his further actings were legally treasonable ; and there was 
no way remaining to get him out of their hands, since the king 
had no ships for his transportation ; and the fury against 
him was so great, that they would hear of no conditions, un- 
less he rendered himself to their discretion ; wherefore the 
king proposed it to the duke to do what in him lay to extri- 
cate him out of this strait, for the known enmity that was 
betwixt the duke and Montrose would make his advices in 
that particular less suspected. 

22 An ordinary virtue would have judged it sufficient, not to 
have revenged injuries, and to have dispensed with the re- 
membrance of them ; but it must be confessed to be a high 



— 23. he is pressed to yield to the propositions. (1646.) 361 

instance of Christianity to repay injuries, while the smart 
and sense of them was yet so fresh, with so great generosity. 
He recommended the care of this to that noble gentleman 
colonel Lockhart, who was in command under Middleton, 
that led the forces which were sent against him, and had 
much power over him, being his intimate friend ; and did then 
begin to shew those eminent qualities which made him after- 
wards be so much esteemed over Europe, and his death be so 
universally lamented. Middleton treated with Montrose, and 
took Lockhart with him to the interview, who told Montrose 
what commands were laid on him by the duke to serve him. 
Montrose, seeing his danger, was willing to capitulate with 
Middleton, that they should lay down their arms and retire 
to their houses, those only excepted who were attainted by 
the acts of their pretended parliament, who should be suffered 
to go beyond sea within a few days after the agreement. 
This being done, the kirk party made great opposition to the 
ratification of it in the committee of estates; nor could it 281 
have been carried, but by the interest the duke and his 
brother had there, who pressed it with much zeal. This hath 
been often owned by Middleton, and was avouched to the 
writer by sir William Lockhart, who added, that never did 
the duke or his brother lay their commands on him in more 
pressing terms, than in this particular about Montrose's pre- 
servation. 
23 The king being freed from this troublesome intrigue, the 
next care was, what answer should be given to the proposi- 
tions for peace that were every day expected. The duke 
pressed him most earnestly to yield to them, (how unreason- 
able soever they might seem,) and particularly in the point of 
religion ; for without full satisfaction in that, nothing would 
please the Scottish nation, nor the city of London, by whom 
only his majesty could now hope to be preserved : and they 
would hear of nothing short of the abolition of episcopacy 
and the king's taking the covenant. But were those granted, 
he found a willingness in them to interpose for moderating 
the other propositions, particularly those of the militia, and 
about the delinquents : he therefore entreated his majesty to 
consider the danger he was now in ; foreign aid was not to be 
looked for, and he could not apprehend that Scotland would 



362 The propositions are brought to the king: V. 23 — 

engage for him, if the case varied nothing by his concessions, 
since they could not heretofore be kept in a neutrality : would 
his majesty therefore, for a form of government, hazard the 
loss of his crowns ? or if he was so noble as to despise any 
prejudice himself might feel, yet he besought him to consider 
his royal posterity, who by his stiffness would be ruined, and 
to have pity on his dominions, which lay bleeding in that long 
tract of civil wars : and though his majesty had not full clear- 
ness in his conscience about it, yet he was sure the matter 
seemed of small importance in itself, though it became very 
great by the effects it might produce ; and he was confident, 
if it were a sin, God would never lay it to his charge, since 
his inducements to it were so strong and unavoidable. All 
this he did not say from his own sense of these propositions, 
since himself thought his majesty's concessions were such as 
might give full satisfaction; but that he saw things were in 
that state, that nothing without satisfaction in the point of 
religion could bring them to any settlement. This was often 
repeated to the king, both by him and his brother, as well in 
their letters as discourses. 

24 But his majesty said, his conscience was dearer to him than 
his crown, and he would willingly run the hazard of all his 
crowns below, rather than endanger that above ; that hitherto 
he had received no satisfaction to his conscience in these two 
great points, at which he stuck, and till that were done, no 
consideration whatsoever would prevail. The quiet of his 
kingdoms, and the settlement of his throne, were indeed to be 
purchased at any rate ; yet the peace of his conscience must 
be preferred by him to all things. And on these grounds 
did his majesty still continue unshaken, notwithstanding all 
hazards. 

25 The propositions were brought from the two houses about 
the middle of July, and a speedy answer was craved to them. 
But for an account of his majesty's thoughts of them, I can- 
not give it better than by setting down a written account of 
them, in a letter sent to the earl of Lauderdale at his ma- 
jesty's command, by sir Robert Murray : 

26 The duty which I conceive every good subject owes, to use his 
utmost endeavours (how weak soever) for the furtherance of the 
happy peace of these afflicted kingdoms, hath made me take the 282 



— 29. Ms majesty's first thoughts of them. (1646.) 363 

boldness to talk with the king upon the propositions, to see how 
far he can be induced to yield to them. And although to every 
particular I cannot promise you an exact account, (because there 
are divers things in them which neither he nor I understand,) yet 
to the main points I shall, and such as I hope may be a good 
groundwork for happy conclusions. First then for religion, I 
find his majesty really conscientious, and not superstitiously scru- 
pulous ; wherefore until he be better satisfied, the uttermost he can 
be brought to is, that he will be content that presbyterial govern- 
ment be generally established within this kingdom by act of parlia- 
ment for three years, provided that he and all those of his opinion 
may freely enjoy their consciences, according to the practices in 
queen Elizabeth's and king James's times. Now how to do this 
would be too long for a letter, but as there are examples, so I doubt 
not to shew you more than one way to do it, so willing ears may be 
brought to such a motion ; and I assure you his majesty is most 
willing to hearken and seek after information, to the end he may 
be satisfied how with a safe conscience he may give you full satis- 
faction herein : but this proviso that his majesty grants will probably 
be but temporary. 

27 For the militia, I can neither see inclinations in his majesty to 
relinquish it, nor can I find arguments to persuade him to it : never- 
theless I perceive so great inclinations in him to strain to the utter- 
most to give his subjects all just satisfaction, especially in what 
concerns the securing of their fears, that he will be content for ten 
years the two houses should dispose of the militia by act of parlia- 
ment, in the hands of such and so many persons as they shall name; 
as likewise to change them within the said time, and appoint others 
in their places as they shall think fit ; but after the expiration of 
the said time to return to the crown, as queen Elizabeth and king 
James enjoyed it. 

28 Concerning delinquents, his majesty's opinion is, that a good act 
of oblivion is the best way to bind up a peace, after intestine troubles, 
it having been the wisdom of other kingdoms most usually, and with 
good success, to grant general pardons, with very few or no excep- 
tionS; whereby the numerous discontentments of all sorts of people 
(which are the seeds and fuel to future disorders) might be totally 
extinguished : and his majesty further conceives, that he cannot de- 
sert so many gallant persons of condition and fortune, who have 
engaged themselves with, him only out of a sense of duty, without 
a perpetual and irrecoverable dishonour. 

29 As for offices, though his majesty judges that the disposal of them 



364 The houses go on to high resolutions. V. 39 — 

is a necessary flower of the crown, yet he is content for this time to 
accept of the nomination of them from the two houses, to be enjoyed 
by these persons quam diu se bene gesserint ; so that after vacancies 
they return to be disposed of as before. 

30 I unwillingly mention Ireland, because his majesty's public faith 
being engaged, how dare I speak to him to violate that which is 
and must be all our security ; but even in this will I pawn my life 
he will prove himself a zealous protector of protestants, and a con- 
stant maintainer of sovereign power. 

31 My conclusion is, that if upon these grounds a conference may be 
had betwixt his majesty and the two houses, I will engage any thing 
that an honest man can, that these kingdoms will be shortly happy 
in a firm peace ; which if it should fail on our part, for our not hear- 
ing of our sovereign, it would be an unparalleled misfortune, not 
without infamy. 

32 These were his majesty's private thoughts, but his public 283 
answer inclined more to a denial ; which when it was brought 

to Westminster was entertained both with joy and sorrow, 
according to the inclinations of the several parties. The In- 
dependents, and those of the army, feared nothing so much as 
the king's granting them, for in that case they saw there 
could be no colour for keeping up an army : and in the house 
of commons, when thanks were voted to the commissioners 
that had been with the king for their pains, one member 
whispered another in the ear, that they owed more thanks to 
the king than any body; and in another corner, an honest 
member saying to another, " What shall become of us, since 
the king refuseth these propositions V the other answered, 
" Nay, what had become of us if he had granted them 2* 

33 The Independent party upon this moved, that no more 
addresses should be made, and that his majesty's person 
should be demanded, and the army commanded northward to 
see it executed ; which had been infallibly done, had not the 
Scottish commissioners given them in some papers, complain- 
ing of many violations of the treaty, and the arrears due to 
the army. The king had also desired a personal treaty near 
London, and the Scots seconded it ; but the obtaining it was 
impossible, for all this time the Scottish commissioners and 
the English (whereof the greatest part were of the Independ- 
ent faction) were in no good terms. 



— $6. The king wishes for a personal treaty. (1646.) 365 

34 As for the arrears of their pay, the two houses talked of 
offering five hundred thousand pounds sterling, whereof an 
hundred and fifty thousand should be paid presently, that so 
they might be rid of their array, which they said was no more 
necessary in England ; and a complaint being made against 
some who spoke and wrote in prejudice of the Scottish 
nation, an ordinance was debated for punishing them. The 
Independents employed all their strength against it ; Crom- 
well spoke most vehemently, that it was to discourage their 
friends, and to encourage their enemies : but Hollis took him 
up so sharply, for calling base libellers friends, that he was 
glad to recant. When it went to the vote it run near an 
equality, for 102 were against it, and 132 for it; so quickly 
were the services of their dear brethren of Scotland for- 
gotten. 

35 At this time the king sent my lords of Argyle, Lowdon, and 
Dumfermline to London. Their instructions were, to deal 
for a personal treaty near London, to get some of the king's 
faithfullest servants to be suffered to come and wait on him. 
And for the militia, the Scots had declared themselves satis- 
fied with the king's concessions about it ; wherefore he desired 
they would stick to him according to their promises. As for 
religion, he desired they would represent to those who were 
best affected how dangerous it would be to insist too much on 
that at this time, when the greatest hazard was from the 
sectaries, and that his majesty's consenting to a temporary 
establishment of what they craved did put them in a fair way 
to their desires. And beside all this, it was recommended to 
them to procure a delay of the desire for an answer to the 
propositions till the t6th of September. 

36 When these instructions were given them, the king desired 
their promise, first, of secrecy, next, of fidelity in discharging 
what was intrusted to them : for the second they undertook 

it, but refused the first, except the king also promised secrecy. 284 
His majesty presently apprehended their design was, that the 
duke and his brother might understand nothing of their em- 
ployment ; and finding it was a thing wherein neither of 
them was concerned, he thought it unfit to disoblige Argyle 
by that refusal ; since he was so able to serve him, if he should 
be cordial in it, and he was secure of the two brothers, that 



366 The duke deals with the committee of estates ; V. ofi — 

if they mistook his reservedness, it would be easy for him to 
clear himself afterwards. Yet this secret was ill-kept among 
them, for the earl of Lauderdale had notice of it, as he told 
the author, before they came to London ; but opposed much 
the seeking a delay to a prefixed day, since he knew that 
could not be granted without adding a dreadful sanction of 
deposing the king, in case a favourable answer came not 
against the day appointed; and found it would be easier to 
procure a delay by other methods than by asking it. The 
duke and his brother were much troubled with the king's 
reservedness in that affair ; but as soon as they understood 
the ground of it they were satisfied. But what success that 
negotiation had, or how it was managed, doth not appear to 
me from any of the duke's papers. 
37 In the beginning of August the duke went to Scotland, 
where his greatest care was to see what could be done to get 
the committee of estates to be satisfied with the king's con- 
cessions, representing to them how they did at once put Eng- 
land in the possession of the desired church -government, and 
set the other out of the way, which was a great step to their 
full satisfaction. He desired they would consider how inhu- 
man and unchristian it was to force the king's conscience, and 
how much it favoured of the violence they had lately con- 
demned in the bishops. It was visible that nothing but 
conscience could be imagined to lie in the way of the king's 
accepting the propositions ; and were his majesty, like many 
princes, to swallow down all things, and belch them up at 
their pleasure, there would be less ado made : but the king's 
sticking at what he could not yield, did abundantly secure 
them of his making good to them all that was promised. On 
the other hand they were to consider, that if they should 
now desert the king, and bring their army out of England, it 
would make them odious through the whole world, and the 
payment of the arrears of their army would pass under a far 
worse character. Besides, England was divided, and the 
party that was most prevalent among them was the Inde- 
pendent, with the other sectaries, who would never carry on 
the settlement of religion ; and by their present carriage at 
London it appeared what friendship they had for Scotland : 
wherefore he moved earnestly that their army should not be 



— 4°- but i s opposed by the ministers. (1646.) 367 

brought out of England till a firm peace should be established, 
according to the first treaty, anno 1 643 . 

3 8 This did shake many,, but some of the leading churchmen 
were not satisfied with this, and represented to their party, 
that all this was said smoothly, to engage them to the king's 
quarrel, which they were resolved never to do till the cove- 
nant were taken by him. Neither were they well satisfied 
with the duke, for his being instrumental in the agreement 
with Montrose and his party ; and it was preached to his 
face, that all the blood that was lately shed would lie on 
them and their posterity, who, for the pleasing of men, had 
procured such favour to the enemies of God and of his cause 
and people. 

39 In the end of August they sent the duke with the earls of 285 
Crawford and Casilis, and some others, to deal with his majesty 
for a speedy granting of the propositions, and to represent to 
him all the inconveniences that followed, even upon a delay, 
much more upon a denial. The duke had no willingness to 
the employment, misdoubting the success, and knowing his 
engaging avowedly in such a message would be misrepresented : 
but there was no avoiding of it, for had he declined it, he 
would have been suspected of being an ill instrument, and of 
aversion from the thing which would have disabled him much 
from going on with the king's service. They came to Newcastle 

in the beginning of September, where they discharged them- 
selves of their commission to the full. 

40 But the king answered them in the following paper, yet extant 
under his majesty's hand: 

My Lords, 
I shall begin by answering what you have now said ; for I assure 
you I had not thus long delayed my answer, but to weigh fully those 
reasons and arguments which you have laid before me, whereby to 
use the uttermost of my endeavours to give you all possible satis- 
faction : for you having told me nothing but what I have heard 
before, the change of answer could hardly be expected. And now 
I do earnestly desire you to consider what it is that I desire, which is, 
to be heard, which if a king should refuse to any of his subjects, he 
would for that be thought a tyrant. For this if I had but slight rea- 
sons, it were the less to be regarded ; but they are such upon which 
such a peace as we all desire doth depend : for albeit it is possible 



368 Answers given hy the Icing V. 40 — ■ 

that if I should grant all you desire a peace might be slubbered up ; 
yet it is impossible that it should be durable, unless there should be 
a right understanding betwixt me and my people, which cannot be 
without granting of what I desire. Yet I desire to be rightly under- 
stood ; for though many, like to iEsop's fable, will call ears horns, 
yet, let men say what they will, I am far from giving you a negative, 
nay I protest against it, my only desire being to be heard : for I am 
confident that upon debate I shall so satisfy them in some things, as 
likewise I believe they may satisfy me in many things, that we shall 
come to a most happy agreement. This I believe is not much needful 
to satisfy your judgments, for I am not ignorant how really your 
commissioners at London have endeavoured a satisfactory answer to 
my message ; as likewise what good instructions have been sent them 
out of Scotland, so that the force of power more than the force of 
reason hath made you so instant with me as you have been : with 
which I am so far from finding fault, that what you have done I 286 
take well, knowing it proceeds out of the abundance of your zeal to 
my service ; therefore, as you see I do not mistake you, so I am 
careful not to be mistaken by you. Wherefore again I desire you to 
take notice that I do not give a denial, my desire being only to be 
heard ; as likewise that you will take things as they are, since neither 
you nor I can have them as we would : wherefore let us make the 
best of every thing ; and now, as you have fully performed your duty 
to me, so I cannot doubt but you will continue to press those at 
London to hear reason. And certainly you can little expect fair 
dealing from those who shall reject so much reason, and of that sort 
which you have, and T hope will offer to them. 

Not to stay you too long upon so unpleasing a subject, I assure 
you that nothing but the preservation of that which is dearer to me 
than my life could have hindered me from giving you full satis- 
faction : for upon my word, all the dangers and inconveniences which 
you have laid before me do not so much trouble me as that I should 
not give full satisfaction to the desires of my native country, espe- 
cially being so earnestly pressed upon me. And yet here again I 
must tell you, (for in this case repetitions are not impertinent,) that 
I do not give you a denial, nay I protest against it ; and remember 
it is your king that desires to be heard. 

41 To this paper I shall add another, given by his majesty* to 
the committee then at Newcastle: but by the copy extant, 
written with Lanerick's hand, it doth not appear when it was 
sent them. The paper follows : 



-42. when pressed to accept the propositions. (1646.) 369 

My Lords, 
42 It is a very great grief to me, that what I spoke to you yesterday, 
and offered to you in writing, concerning religion, hath given so little 
satisfaction ; yet, lest the reasons I then told you should not be so 
fully understood, I think it necessary at this time to set them down 
to you in this paper. 

I then told you, that whatsoever was my particular opinion, I did 
no ways intend to persuade you to do any thing against your cove- 
nant ; wherefore I desire you to consider, whether it be not a great 
step to your reformation, (which I take to be the chief end of your 
covenant,) that presbyterial government be legally settled. It is 
true, I desire that my own conscience, and those that are of the same 
opinion with me, might be preserved, which I confess doth not as 
yet totally take away episcopal government ; but then consider 
withal, that this will take away all the superstitious sects and heresies 287 
of the Papists and Independents, to which you are no less obliged by 
your covenant than the taking away of episcopacy. And this that I 
demand is most likely to be but temporary ; for if it be so clear as 
you believe, that episcopacy is unlawful, I doubt not but God will so 
enlighten mine eyes that I shall soon perceive it : and then I promise 
you to concur with you fully in matters of religion. But I am sure 
you cannot imagine that there is any hope of converting or silencing 
the Independent party, which undoubtedly will get a toleration in 
religion from the parliament of England, unless you join with me, 
and in that way I have set down, for the reestablishing my crown, 
or at least that you do not press me to do this (which is yet against 
my conscience) until I may do it without sinning ; which as I am 
confident none of you will persuade me to do, so I hope you have so 
much charity not to put things to such a desperate issue as to hazard, 
the loss of us all, because for the present you cannot have full satis- 
faction from me in point of religion : not considering that, besides the 
rest of the mischiefs which may happen, it will infallibly set up the 
innumerable sects of the Independents, nothing being more against 
your covenant than permitting of those schisms to increase. 

As for the message which I think fit at this time to send, I have 
chosen rather to mention the point of religion in a general than par- 
ticular way, lest (not knowing all these reasons which I have set 
down to you, which are most unfit for a message) it may give less 
satisfaction than I desire. Nevertheless I do conjure you, by that 
love and loyalty you have always professed unto me, that you make 
use of what I offered yesterday in writing, with these reasons which 

Hamilton. b b 



370 The duke resolves to retire out of Britain, V. 42 — 

I have now set down to you, and those further hopes I have now 
given you for the best advantages of my service. 

With this particular explanation, that whereas I mentioned that 
the church-government should be left to my conscience and those of 
my opinion, I shall be content to restrict it to some few dioceses, 
as Oxford, Winchester, Bristol, Bath and Wells, and Exeter : leaving 
all the rest of England fully to the presbyterian government, with 
the strictest clauses you shall think upon against Papists and Inde- 
pendents. 

P. S. — I require you to give a particular and full account hereof to 288 
the general assembly now sitting in Scotland, shewing them that I 
shall punctually make good my last letter to them, and that this is 
a very great step to the reformation desired, not only by the present 
putting down all sects and Independents, but likewise presently esta- 
blishing presbyterian government ; hoping that they, as ministers 
of God's word, will not press upon me untimeously the matter of 
church- government and discipline, until I may have leisure to be so 
persuaded, that I may comply with what they desire without breach 
of conscience, which I am confident they, as churchmen, cannot press 
me to do. 

43 The duke left nothing unsaid that could be devised to prevail 
with the king for satisfying Scotland in the point of religion, 
assuring him, that he found a great willingness in them to serve 
him in all other things, should he yield to them in that one : 
that for the point of the militia, they would study to bring it 
to what the king desired, and in the point of the delinquents, 
they would labour to get it brought to that in which the pro- 
cess of the incendiaries in Scotland had ended, that they 
should only be secluded from trust : but he assured him he 
found it impossible to make them abate a tittle of the demand 
of religion. Yet his majesty continued on his former grounds ; 
therefore the duke resolved on a present abandoning of affairs, 
and of retiring from the world. 

44 Lanerick was so angry at this design, that he spared nothing 
that either his affection or wit could suggest to divert him 
from that desperate resolution (as he termed it). He told 
him, could he not be religious but he must turn a monk?- and 
did he not think it best to serve God in that station whereunto 
he had called him, or must he reject the choice of God's pro- 



-47- and obtains his majesty *s permission to do so. (1646.) 371 

vidence, and turn his own disposer? and was he so mean- 
spirited as to abandon matters because of the difficulties that 
were in them ? But all he could devise was not like to prevail, 
for the duke protested it was impossible for him to look on 
and see his majesty's ruin, which was inevitable upon the 
grounds he went on. 

45 At this time the Independents, fearing the extremity to 
which the king was driven might force him to consent to any 
thing upon which a settlement might follow, betook themselves 
to strange methods to obstruct it : they therefore gave some 
hopes that they would be willing to dispense with the imposing 
of the covenant, and consent to a toleration of episcopacy 
and the liturgy, provided they might be satisfied in other 
points. 

46 This, suiting so well with the king's inclinations, had too 
good a hearing from him : but my lord Lauderdale wrote 
from London very warmly for undeceiving the king, assuring 
him that he infallibly knew their designs were the ruin of 
monarchy and the destruction of the king and his posterity; 289 
and though they might cajole his majesty with some smooth 
propositions, those were meant for his ruin, that they might 
once divide him from his parliaments : after which they would 
destroy both him and them, were it in their power. But if the 
king would now consent to the propositions all would go right, 
and in spite of the devil and the Independents both, he would 

be quickly on his throne : but delays were full of danger, for 
they that wished well to the king were becoming daily more 
heartless, and the other party grew in their insolence ; and 
the earl of Essex his death at that time had given the greatest 
blow to the king's affairs they could have met with. This he 
continued to represent by many letters, both to the king and 
those about him ; yet his majesty was much wrought upon to 
give credit to those offers of the sectaries, which made him 
the less apprehensive of hazard. 

47 At length, when the duke saw his majesty immovable, he 
begged his permission to retire. But the king resisted that 
with so much reason and affection, that in the whole course of 
his favours to him there had not been any since the business 
of Ochiltry wherein he had more obliged him than by the 
tenderness that then appeared in him. Yet the duke was so 

b b 2 



37£ The king writes to the duke, and V. 47 — 

importunate, that at length the king seemed to give way to 
it, at least the duke understood it so : whereupon, with as 
sad a heart as ever man had, he took leave of the king, which 
he apprehended to be his last farewell ; and it proved to be 
so indeed, (except a transient view he had of him at Windsor.) 
So he left the king, and carried home with him a heart so 
fraughted with melancholy, that all could be done was not 
able to rouse him out of it ; and neither the tears of his 
dying mother, nor the entreaties of his friends, nor the con- 
stant persecution of his brother, (who was much vexed at it,) 
were able to divert him from his resolution ; for having over- 
come the king's dislike of it, which was stronger than all 
other things with him, he was proof against every thing else. 
But his majesty quickly repented him of that tacit consent he 
seemed to give, and therefore sent after him this handsome 
letter : 

48 Hamilton, 

I have so much to write, and so little time for it, that this letter 
will be suitable to the times, without method or reason ; and yet 
you will find lusty truths in it, which puts me again out of fashion, 
but the fitter for him to whom I write. Now to my business : but, 
lest I should now forget it, I must first tell you, that those at London 
think to get me into their hands, by telling our countrymen that 
they do not intend to make me a prisoner : O no, by no means ! but 
only to give me an honourable guard forsooth, to attend me con- 
tinually for the security of my person : wherefore I must tell you, 
(and it is so far from a secret, that I desire every one should know 
it, only for the way, I leave it to you to manage it for my best ad- 
vantage,) that I will not be left in England when this army retires 290 
and these garrisons are rendered, (without a visible violent force 
upon my person,) unless clearly, and according to the old way of 
understanding, I may remain a free man, and that no attendant be 
forced upon me upon any pretence whatsoever. So much for that. 

A discourse yesternight with Rob. Murray was the cause of this 
letter, having no such intention before, because I esteemed you a 
man no more of this part of the world, believing your resolutions to 
be like the laws of the Medes and Persians. But however he shewed 
me such reasons, that I found it fit to do what I am doing, (for I 
confess one man's error is no just excuse for another's omission,) 
which is to stay your foreign journey by persuasion. As for the 
arguments, I refer you to Robin, only I will undertake to tell you 



— 3 1. desires him not to retire. (1646.) 873 

some positive truths : the chief whereof is, that it is not fit for you 
to go ; then, it is less shame to recant than to persist in an error : 
my last is, by going, you take away from me the means of shewing 
myself 

Your most assured, real, 
Newcastle, faithful, constant friend, 

September 26th, 1646. Charles R. 

49 But this letter will be lame, unless made up with the cover 
that went about it from sir Robert Murray, which was, as he 
wrote in his next, almost wholly the king's words, and not 
only his sense : for the king, the night before, falling in dis- 
course with sir Robert about the duke, discovered very fully 
the constancy of his royal kindness to him : whereupon he laid 
his commands on sir Robert, to put him in mind of the incon- 
veniences his obstinacy in that resolution would heap upon him; 
" and mentioned them " (these are sir Robert's words) " with 
a friendliness that related not to his own concernments. In- 
deed they are such, as the very apprehension of them cannot 
but deeply wound a soul so great as yours. They are briefly 
these : The withdrawing yourself at this time will be believed 
to proceed from a tacit joy at the appearance of the bad suc- 
cess of his affairs, or rather out of a design to contribute to 
it, under the disguise of a seeming retiredness and discontent ; 
constructions which are not possible for him to make, but 
obvious to malevolent humours : that although you should 
not be suspected to be any ways accessory to disloyal courses, 
it will be said you are one of those who could have best 
hindered them : that your country and friends may say you 
have deserted them in their greatest exigences, and that 
differences may be reconciled betwixt his majesty and his 
subjects by the endeavours of others."" 

50 These commands were both peremptory and obliging, so 
that they could not fail of conquering all his resistance, and 
carrying his obedience after them ; which were strengthened 
from the letter he had at that same time from her majesty, 
which follows : 

51 Cousin, 2gi 
The account the king hath given me of your affection for his in- 
terest, and those marks of it which from other hands have met me, 

do so sensibly affect me, that without any difficulty or scruple I 



374 The duke icrites to the king, and V ". 51 — 

do now entertain you with my acknowledgments and resentments of 
it, before I have heard from you ; and I assure you of the satisfac- 
tion I shall ever have of the continuance of it from you, which I 
shall desire may be as entire and full as the returns I shall study to 
make to you, being resolved to lay hold on all occasions by which I 
may discover my friendship for you, and to express the esteem I 
have of your friendship by all means that may depend on my cares, 
which I shall employ in giving you day by day new proofs that I am, 
and ever shall be, 

St. Germanes Your affectionate cousin and friend, 

22<2 September. Henrietta Maria R, 

52 Upon these entreaties and assurances he was made to 
change his purpose, though he could not so easily part with 
his melancholy thoughts, which he expressed in this following 
letter : 

53 May it please your sacred Majesty ; 

The reasons you were pleased to offer to my brother and sir 
Robert Murray for diverting my resolution of leaving your majesty's 
dominions at this time, were (I confess) of strength enough to have 
fixed me in any place of the world where your majesty's service was 
concerned : but now, seeing your majesty hath, honoured me so 
much, as by your gracious letter (yourself) to shew me still your dis- 
like thereof, how dare I dispute what your majesty thinks unfit? 
and now, sir, the thoughts I formerly had of leaving (as it were) 
the world (because I would not be a witness of, what I feared, your 
majesty's fall, since, as I conceive, I could not be instrumental to 
your service or preservation upon the grounds your majesty went 
on) shall be changed into a resolution of being most miserable in 
your dominions, if it shall not please God to deliver you out of those 
difficulties your majesty is in ; for I take God to witness, upon your 
happiness depends my greatest worldly joy, how unfortunately soever 
I have (of late) been misunderstood. And though I cannot promise 
myself so much good fortune as to prove useful to your majesty, 
yet I dare and do engage for a cheerful willingness and perfect 
fidelity in your majesty's service, and trust that God in his mercy 
will so direct your majesty, as by timeously granting the (now neces- 
sary and most pressing) demands of your kingdoms, the great evils 
will be prevented that threaten your sacred self, the queen's ma- 292 
jesty, and your royal posterity ; and likewise that of having any 
other guard to attend your royal person than such as shall be ap- 
proved of by you, or your majesty's being necessitated to retire into 



-^6. resolves not to leave the country. (1646.) 375 

Scotland, upon the return of the Scottish army, where I apprehend 
your majesty's entertainment will not answer your expectation, nor 
prove at all advantageous to your service. More I will not presume 
to say, but shall really study in all things to serve your majesty, and 
ever give such ready obedience to your commands as becometh 
Your majesty's most faithful, 

most loyal, and most obedient 
Kinneel, subject and servant, 

6ih Octob. 1646. Hamilton. 

54 A day or two after his majesty received this letter he wrote 
the following letter to my lord Lanerick, the postscript where- 
of seems to relate to the letter he had received from his 
brother : 

Lanerick, 
Before now I had not matter to write to you, and now I have so 
much that I shall say the less, leaving this enclosed to speak for me. 
But thus much I must assure you of, that I have herein gone the 
utmost length (as you call it) to give all possible satisfaction, for 
(upon my word) one jot further cannot be gone by 

,, ., Your most assured, real, constant friend, 

Jxeivcastle, 

15th Octob. 1646. Charles R. 

P. S. — Tell your brother, that it were a fault to him to trouble 
myself in complimenting with him, and indeed to either of you any 
ways to doubt but that you will make the best use you may of what 
I now send you for my service. 

55 The enclosed paper is to be found among his majesty's 
printed messages to the two houses, and therefore it is not in- 
serted here. But the satisfaction the king had in the duke's 
consenting to stay still in Scotland appears by the end of the 
next letter he wrote to himself: 

56 Hamilton, 293 
This is rather to perform my promise to a lady, than that I believe 

it to be needful in respect of you ; for I know you naturally so much 
favour all my friends, and know so well the great estimation I have 
of the earl of Brainford, beside what hath been told you concerning 
him by your brother Lanerick, by my directions, that I am certain 
without this you will favour his business what you can : and, since I 
am writing, I must say, that there is no particular man's business 
wherein you can give me so much contentment as this ; of which I 



376 The duke labours to engage Scotland V. 56 — 

need say no more, but only that you will shew his wife, that ray re- 
commendation to you of her lord's affairs is real and hearty. Nor 
can I end this without taking notice to you of the contentment I 
had that my last letter to you had the wished for operation ; for be- 
sides the obtaining my end, (which several ways is satisfactorily 
useful to me,) I see that all men have not forsaken reason, or at 
least that I am sometimes in the right, as I am confident you will 
make appear the great reason I have to be 

Your most assured, real, constant friend, 

Charles R. 

57 But to return to public affairs. The duke at his coming to 
Scotland procured new instructions to be sent to their com- 
missioners at London, to press a personal treaty, and that the 
king might be with safety and honour in England, and that it 
might be declared that the government of England should 
still continue according to the fundamental laws. The chief 
business at Westminster was to be rid of their brethren of 
Scotland ; wherefore they fell a treating about the removal of 
the army and the delivery of the garrisons. The Scots de- 
manded five hundred thousand pounds sterling, and of that 
sum two hundred thousand pound presently : but four hun- 
dred thousand were voted to them, and only one hundred 
thousand presently ; and upon this they stood long. 

58 The two houses having on the 24th of September voted 
that the king's person should be demanded from the Scottish 
army, their commissioners at London gave in long papers 
against that, which were printed, and so need not be here 
inserted. In them they shewed, 

59 That the king being sovereign of both kingdoms was not 
to be disposed by the parliament of one kingdom ; that this 
was destructive to the relation and interest the Scottish na- 
tion had in him, and contrary to the nature of sovereignty, 
and to the covenant and treaties of both kingdoms, by which 
it was agreed that his majesty's just power and greatness 
should not be diminished, which by such a demand of his per- 294 
son was very signally done. It was also agreed, that all 
things in order to peace (to which the disposal of the king's 
person did relate in a signal manner) should be done by the 
joint councils of both kingdoms. 

After this, in the month of October, begun the treaty be- 



— 6o. for a personal treaty. ( 1 646.) 377 

twixt the Scottish commissioners and the committee ap- 
pointed for that end by the two houses of parliament, which 
was managed in the painted chamber, in the presence of all 
the members of the two houses. The Scottish commissioners 
(who were the earls of Lowdon and Lauderdale and the lord 
Wariston) declared in all their papers and speeches that 
they were not to treat about his majesty 's person, nor the 
disposing of it, but only about the removal of the army, the 
delivery of those garrisons that their army had in England, 
and the payment of arrears due for their armies both in 
England and Ireland : and they continued to press, that 
whereas the two houses had, in all their former declarations, 
laid the blame of the breach betwixt the king and them on 
his majesty's withdrawing from his parliament, that therefore 
they would invite his majesty to come with honour, freedom, 
and safety to some of his houses in or about London, in which 
they still insisted to the last. And so far were they from 
treating about the disposing of his majesty's person, that in 
the end of their treaty, when they had finally agreed on all 
things, it was expressly declared in the first article of the 
treaty that passed under the great seal, that nothing relating 
to the king's person was concluded on by it ; so that after that 
was ended, the Scottish parliament might have still preserved 
the king, and brought him with their army to Scotland. 
60 But the houses turned the propositions to bills, and passed 
a vote that new commissioners should be sent to the king with 
the concurrence of those of Scotland, to press a satisfactory 
answer : with this sanction, that if it were not granted, they 
should be forced to look to the security of his person. And 
the English army fell upon a most destructive resolution, of 
adjourning the parliament ; neither were they overawed by 
any thing so much as the fear of the Scottish army, The 
great point now debated in the councils of Scotland was, 
whether a final settlement with the king should be the condi- 
tion of the armies' retiring, or not \ The duke, with all his 
friends, pressed this vigorously, as that which was agreed on 
by their covenant and treaties. But the churchmen still in- 
fluenced all councils, and finding the king irreconcilable to 
their way, were still full of their jealousies of him ; and it 
was said downright, that they ought not to meddle betwixt 
the king and the parliament of England, but leave him and 



378 The parliament of Scotland meets. V. 6 1 — 

them to their own counsels : so strangely did their language 
vary from what it was anno 1643. 

61 At this time the king sent Mr. Murray of the bedchamber 
to London, who carried another message ; but it was so dis- 
pleasing, that it served only to put his neck to a new hazard 
for the king's service, and he durst scarce stir out of doors all 
the while he was there. 

62 In the beginning of November a new session of the trien- 
nial parliament of Scotland did hold, but little was done for 
some weeks, save that there came to them a remonstrance 
from the assembly, wherein, in the first place, complaints were 295 
made of the committee of estates, for their agreement with 
Montrose and his followers, which was represented as a great 
crime, especially they being excommunicated. Next, they 
complained of his majesty's constant adherence to prelacy, 
and of the danger religion was in by the malignants, (for 

so was the king's party then called,) who were beginning to 
set up their heads again; wherefore they recommended to 
their care both the preservation of religion and of the trea- 
ties with England. Upon this, the transaction of the com- 
mittee of estates in the agreement with Montrose was ex- 
amined, and it was put to the vote, approve or exoner them 
only : the former w T as carried by twenty votes, but all the 
pulpits thundered against it ; wherefore, to stop the mouths 
of the ministers, it was enacted, that in any treaty that 
should be thereafter with those who were in arms, the com- 
mission of the kirk should be consulted about the lawfulness 
of the conditions. For at this time both the marquis of 
Huntley was in arms in the north, and Antrim was also come 
over to Kintyre in July the former year, and continued still 
there. His majesty sent Mr. Robert Lesley with orders to 
my lord Huntley for laying down of arms, with whom he wrote 
the following letters to the two brothers : 

3 Hamilton, 

A trusty messenger requires but a short letter, and brevity is the 
more convenient for me, who have much to do, and but few helpers : 
wherefore I shall say no more, but hear and trust Robin Lesly, for 
he is come from 

Your most assured, real, 
Newcastle, faithful, constant friend, 

Nov. 1 2th, 1646. Charles R. 



— 66. The king writes to the duke and to Lanerick. (1646.) 379 

64 Lanerick, 

Hearing that marquis Huntley expects ray commands for his lay- 
ing down of arms, I have thought fit to send this trusty bearer, 
Robin Lesly, to him, but thought it necessary to address him first 
to you, that you in my name might acquaint the parliament with 
this my intention ; which if they approve of, he may go on accord- 
ingly, if not, there is no hurt done. Yet howsoever I have ex- 
pressed my desire for the peace of the country : but in case they 
shall permit Robin to obey my commands, then I expect that they 
give him power to assure Huntley of the same conditions that he 
might have had before. All which I command you to represent to 
my parliament in my name, leaving the particular expressions to you, 296 
having only set down the sense. Other things I have intrusted 
little Nobs to tell you, too long for a letter, but of no small conse- 
quence ; by which at least you will find that, according to my pro- 
fessions, I am 

Your most assured, real, constant friend, 

Charles R. 

°5 His majesty also expressed his concerns for Traquair in the 
following letter : 

Lanerick, 
Albeit I am confident that you will further all my friends' affairs, 
yet I must not be so negligent in Traquair's behalf, as not to name 
his business to you, for admittance to his place in parliament ; of 
which I will say no more, but you know his sufferings for me : and 
this is particularly recommended to you by 

Newcastle, Your most assured, real, constant friend, 

1 ph November, 1646. Charles R. 

P. S. — I account writing to you or your brother all one. 

66 But the main business was, what to do with their armies 
that were in England. The kingdom was groaning under a 
heavy and unsupportable burden for their maintenance, so 
disbanding was a very plausible motion : and all desired that 
only such forces should be kept up as were necessary for the 
preservation and security of Scotland. The duke and his 
brother regrated much that so many gallant men should be 
disbanded, who might be very useful for the king's service ; 
therefore they opposed all these propositions, arguing that 
till a final peace were settled in England they might look for 
no security to Scotland. And in their letters to his majesty 



380 The king's letter to the duke V. 66 — 

they continued to represent the desperate estate of affairs, if 
he did not quickly satisfy them in the business of religion : 
and that the money for the pay of the army was now coming 
in daily at London, and would be quickly ready ; and after 
that was sent down they could not keep the army any longer 
in England without a present breach, to which they found no 
inclinations in the Scottish parliament, as long as they were 
not satisfied in what was so earnestly desired. But the king 297 
was firm to his first resolution. 

67 Master Lesley, at his return to the king, brought him such 
assurances of the affection and duty of both the brothers, 
that the next despatch carried the following letters to them : 

Hamilton, 
I remember yet so much Latin as an old proverb comes to, which 
is, quod valde volumus id facile credimus. This I apply to Robert 
Lesley's report of your carriage in my present service : concerning 
which I will only say, that you shall not more certainly make good 
what he hath promised me in your name, than I will to you what he 
hath said in mine ; and even in something (by way of speaking) 
beyond my power, I doubt not but to make it good as concerning 
your French particular. But I shall leave all things, not only of this 
nature, to this honest bearer's relation, but likewise whatsoever else 
may concern the service of 

Your most assured, real, 
Newcastle, 2+th Nov. faithful, constant friend, 

1646. Charles R. 

Lanerick, 
I have, according to your advice, given a quick return to this trusty 
bearer, having instructed him fully in what I conceive necessary to 
my affairs, wherein in many things I have given him a latitude to 
govern them according to your directions ; wherefore I will say no 
more, (because if I should enter into particulars I would not know 
how to end,) but that with contentment I find daily more and more 
cause to be 

Your most assured, real, 

Newcastle, 24th November, constant friend, 

1646. Charles R. 

P. S. — I recommend particularly the earl of Morton's affairs. 298 

68 Matters were now ripening unto much confusion and mis- 
chief, which made his majesty think of a full answer to the 



-6g. and to LanericJc. (1646.) 381 

propositions ; but before he sent it to London, he communi- 
cated it to my lord Lanerick in the following letter: 

69 LA.NERICK, Newcastle, \th Decemb. 1646. 

According to my promise by little Nobs, I send you here enclosed 
the answer which I have resolved to send to London ; wherein you 
will find a clause in favour of the Independents, to wit, the forbear- 
ance I give to those who have scruples of conscience : and indeed I 
did it purposely, to make what I send relish the better with that kind 
of people. But if my native subjects will so countenance this answer, 
that I may be sure they will stick to me in what concerns my tem- 
poral power, I will not only expunge that clause, but likewise make 
what declarations I shall be desired against the Independents, and that 
really without any reserve or equivocation ; yet know, that no per- 
suasion or threatening whatsoever shall make me alter a tittle of 
any thing else in it, nor tbat neither but upon these assurances. 

The end therefore why I send you this before it go to the English 
parliament is, to try beforehand how I can procure it to be coun- 
tenanced by my Scottish friends, for which you are to use all possible 
industry, not seeking a full approbation, but taking what you can get ; 
absolutely commanding you not to hazard it in a public way, unless 
you be sure that I shall receive no rub in it. 

For this, I conceive it were a wrong to you to use any arguments 
to make you do your best, but to tell this is coup de partie ; assuring 
you that I shall not judge you by the event, but by your endeavours, 
which I am confident will be according to your professions : and for 
God's sake do not so much as expect, much less linger after any 
other or further matter from me, whereby to serve me in this great 
business; for upon the faith of a Christian you shall have no more 
than what is now laid before you. And know that I rather expect 
the worse than the better event of things, being resolved (by the 
grace of God, and without the least repining at Him) to suffer any 
thing that injury can put upon me, rather than sin against my con- 299 
science, of which upon my credit you see the furthest extent in 
relation to the present affairs. I say no more but difficilia quae puU 
chra, and so God bless your endeavours. 

Your most assured, real, 

constant friend, 
Charles R. 

P. S. — In order to that I have written and sent you herein, I have 
commanded this trusty bearer, sir James Hamilton, to tell you as 
many things as I can remember ; whom I desire you to return to me 



382 His majesty's answer to the propositions V. 70 — 

(or some other trusty messenger) as soon as you may with what I 
am to expect from thence. 

70 The enclosed paper is marked on the back by the king's 
hand thus ; The answer to the propositions, which I have re- 
solved to send to London ; which I insert because it is not 
among his majesty's printed messages. 

His majesty's answer to the propositions tendered to him by the com ■ 
missioners from the lords and commons in the parliament of England 
at Westminster and the commissioners of the parliament of Scotland. 
Charles R. 

7 1 As it is his majesty's chief desire to make such a return to the 
propositions as may speedily produce a blessed, firm, and lasting- 
peace in all his dominions ; so he hath employed his uttermost 
endeavours to give a full and particular answer to every branch of 
them. But the more he considers the nature of them, together 
with the high importance and variety contained therein, (not without 
some ambiguity, as well in the several propositions as also in com- 
paring the one with the other,) so much the more he finds it neces- 
sary to desire the help of explanation, debate, and conference, con- 
cerning some of them, (as he touched in his paper,) whereby his un- 
derstanding may be informed in those things which as yet are not 
clear to him, his reason may be more fully convinced, and his con- 300 
science so satisfied, that without offence to either of them he may 
make such a particular distinct answer, as may best attain his desires 

of satisfying them : and though for the present his majesty (at this 
distance from his two houses) wants the view of many necessary 
papers and other assistances ; yet, at what disadvantage soever, he 
will apply himself to give all the satisfaction that is in his power, 
desiring he may not be misinterpreted in any thing he shall say 
or omit. 

His majesty's answer to the first proposition is, that upon his ma- 
jesty's coming to London he will heartily join in all that shall con- 
cern the honour of his two kingdoms, or the assembly of estates of 
Scotland, or of the commissioners or deputies of either of them ; and 
particularly in those things which are desired in that proposition, upon 
confidence that all of them respectively with the same tenderness 
will look upon those things which concern his majesty's honour. 

Concerning all the propositions touching religion, his majesty says, 
that he has often and solemnly professed his opinion concerning epi- 
scopacy, to which he refers himself; yet, considering the present dis- 
tractions about religion, which are so great, and of that nature that 



■71. tendered to him by the commissioners. (1646.) 388 

persuasion as well as power must be used to restore that happy tran- 
quillity which the church of England hath lately and miserably 
lost, (for certainly violence and persecution never was nor will be 
found a right way to settle men's consciences,) his majesty proposes, 
that he will confirm the presbyterian government for three years, 
(being the time set down by the two houses,) that is to say, that 
during the said time the church be governed by classical and con- 
gregational elderships, national and provincial assemblies, with their 
respective subordinations, with such forbearance to those who through 
scruple of conscience cannot in every thing practise according to the 
said rules, as may consist with the rule of the word of God and the 
peace of the kingdom : and that the office of ruling- elders, the power 
of elderships to suspend from the sacrament of the Lord's supper ig- 
norant and scandalous persons, be all settled by act of parliament for 
the aforesaid term ; as also that the Directory be by the same way 
authorized for the same time ; so that his majesty and his household 
be not hindered from using that form of God's service which they 
have formerly done : and also that in the mean time, and with all 
convenient speed, a committee be chosen of both houses, to have a 
free consultation and debate with the assembly of divines, (being also 
willing the said assembly shall be authorized to sit for the space of 
the said three years, twenty more being added of his majesty's no- 
mination,) how the church shall be settled and governed at the end 
of three years or sooner, if differences may be agreed. Also it is to 
be understood, that those committees shall have no power, but of 
hearing, debating, and reporting, the better to prepare all these dif- 
ferences for the determination of his majesty and the two houses. 

To the seventh and eighth propositions his majesty will consent. 

To the ninth proposition his majesty doubts not but to give good 
satisfaction, when he shall be particularly informed how the said pe- 
nalties shall be levied and disposed. 

To the tenth his majesty's answer is, that he is and hath been 
always willing to prevent the practices of papists, and therefore is 
content to pass an act of parliament for that purpose ; as also that 
the laws against them may be duly executed. 

His majesty will give his consent to the act for the strict observ- 301 
ance of the Lord's day, for the suppressing of innovations, and those 
concerning the preaching of God's word, and touching non-resi- 
dences and pluralities. 

And his majesty will be willing to pass such an act or acts as shall 
be requisite to raise monies for the payment and satisfaction of all 
public and past debts, expecting that his also will be therein included, 



384 The king's answer to the propositions V. jl — 

As to the proposition concerning the militia, though his majesty 
cannot consent to it in terminis as it is proposed, because thereby 
(as he conceives) he wholly divests himself of the power of the sword 
intrusted to him by God and the laws of the land for the protection 
and government of his people, and placeth the same (in effect) for 
ever in the two houses of parliament ; thereby at once disinheriting 
his posterity of that right and prerogative of the crown which is ab- 
solutely necessary to the kingly office, and so weakening monarchy 
in this kingdom that little more than the name and shadow of it 
will remain ; yet, if it be only security for the preservation of the 
peace of this kingdom after these unhappy troubles, and the due 
performance of all the agreements that now are to be concluded, 
which is desired, (which his majesty always understood to be the 
case, and hopes that herein he is not mistaken,) his majesty will give 
abundant satisfaction ; to which end he will consent, by act of par- 
liament, that the whole power of the militia, both by sea and land, be 
in the two houses for the space of ten years, and afterwards to return 
to its proper channel again, as it was in the time of queen Elizabeth 
and king James of blessed memory. And now his majesty conjures 
his two houses of parliament, as they are Englishmen, Christians, 
and lovers of peace, by the duty which they owe to him their king, 
and by the bowels of compassion which they have to their fellow- 
subjects, that they will accept of these his majesty's offers, whereby 
the joyful news of peace may be again restored to this languishing 
kingdom. His majesty will grant the same to the kingdom of Scot- 
land if it be desired, touching the conservation of the peace betwixt 
his two kingdoms. 

Touching Ireland, his majesty will give full satisfaction as to the 
managing of war, and for religion, as in England. 

Touching the mutual declaration proposed to be established in 
both kingdoms by act of parliament, and the qualifications, mollifi- 
cations, and branches which follow in the propositions ; his majesty 
truly professes that he does not sufficiently understand divers things 
contained therein : but this he sufficiently knows, that a general act 
of oblivion is the best bond of peace, and that after intestine troubles, 
the wisdom of this and other kingdoms hath usually and happily in 
all ages granted general pardons, with none or very few exceptions, 
whereby the numerous discontentments of many persons and families 
(otherwise exposed to ruin) might not become fuel to new disorders 
or the seeds of future troubles. His majesty desires that his two 
houses of parliament should seriously descend into these considera- 
tions, and tenderly look upon his condition herein, and the perpetual 



— 72. tendered to Mm by the commissioners. (1646.) 385 

dishonour that must cleave to him if he should thus desert so many per- 
sons of condition and fortune that have engaged themselves with him 
only out of a sense of duty. His majesty is very unwilling to en- 
large himself further upon this subject, but earnestly desires that 
upon conference these particulars may be better understood and re- 
conciled, wherein he will condescend to all that in honour and justice 
he may do concerning the same ; and then they may likewise parti- 
cularly consider and conclude of the best means to discharge the 302 
public debts, as likewise those of his majesty's : and then his majesty 
will apply himself to the consideration concerning the seals, and any 
other thing now casually omitted, or to which for the present (with- 
out further information or debate) his majesty cannot give any positive 
answer. 

As for the offices which are mentioned in the seventeenth article, 
albeit his majesty judges that the free disposal of them is a necessary 
flower of the crown ; yet he is content, for the space of these next 
ten years to come, to nominate such, both for England and Ireland, 
who after shall be approved of by the two houses, to be enjoyed by 
these persons quam diu se bene gesserint, so that after the said ten 
years they shall return to be disposed of as formerly. 

His majesty will very willingly consent to the act for the confirm- 
ation of the privileges and customs of the city of London. 

And now that his majesty hat 1 ! thus far endeavoured to comply 
with the desires of his two houses of parliament, he conceives it 
seasonable for him to propose some things for himself, which (if 
consented to) may be a testimony of their reciprocal affections to him. 

First, that an act of oblivion and general pardon be passed by act 
of parliament, whereby all the seeds of discontentments and future 
troubles may be quite extirpated. 

Secondly, that the two houses would settle upon his majesty such 
a certain revenue as may be honourable, and sufficient for the support 
of him, his wife, children, and their families. 

Lastly, that this agreement may be firm and lasting, his majesty 
desires to come to Westminster with honourable freedom and safety, 
there solemnly to confirm the same ; where he may both give and 
receive pledges of mutual love, confidence, and of trust with them 
in all things which shall concern the good and prosperity of his 
people. 

Newcastle, the Decemb. 
1646. 

72 To this letter with the enclosed message my lord Lanerick 
wrote the following answer : 

Hamilton. c c 



386 Correspondence between Lanerich and V. J3. 

73 Most sacred Sovereign, 

Immediately after the receipt of your majesty's commands of the 
4th instant, by sir James Hamilton, I imparted under a tie of secrecy 
your intended message to the houses of parliament, to such persons 
as I knew were most tender of your majesty's honour and happiness : 
but I must humbly beg your majesty's pardon if my freedom offend, 
since I cannot conceal so important a truth as that. I cannot find 
many here satisfied with it, nor dare I promise the least countenance 
to it from this kingdom ; seeing your majesty hath divers times ver- 
bally, and now again by your letter, assured me of your resolution to 
adhere to the grounds contained in this message. I shall not pre- 
sume to make any objections against it, having (when I had the 
honour to wait upon your majesty last) represented my sense of 
that you was pleased to send by Mr. Murray, whereof this in divers 
particulars comes far short ; for besides that it is as wanting in that 
article concerning religion, your majesty offers far less than you did 
at that time by the private instructions your majesty then gave him, in 
the propositions about the militia, officers of state, and the great seal : 
yet I find not your majesty's condition is much more promising, at 3°3 
least to vulgar eyes. That clause concerning the liberty your majesty 
would allow to tender consciences is one of the meanest particulars 
that is misliked in your majesty's answer to the proposition con- 
cerning religion : your majesty's preface to that article, the limit- 
ation of time to presbyterial government, the addition of twenty of 
your majesty's nomination to the assembly of divines,, the particular 
exception of your own family, and (what is most of all) the total 
omission of making any mention of the covenant, are the most in- 
sisted-on objections. But as I dare not think upon the sad conse- 
quences (in relation to your majesty's person and government) 
which will presently follow upon the return of the Scottish army, 
and your majesty's declining to allow the covenant, without which, 
though I presume not to press it, all that can be offered will not 
satisfy here ; so I will not conceal the great advantages which I con- 
ceive the doing of it would bring to your majesty and to those you 
study to preserve : for I am confident it might be so managed, as 
this kingdom would not only declare themselves for preserving your 
majesty's just rights in civil relations, but likewise engage themselves 
for an honourable and speedy invitation of her majesty to return 
from France. Besides an easy passing of all such who during these 
troubles have adhered to your majesty in England, with what else 
cpuld be expected from faithful and dutiful subjects. But I have by 



— 74* the king respecting the propositions. (1646.) 887 

my impertinent expressions exceeded both my intention and duty, 
for which I humbly beg pardon for 

Your majesty's most faithful,, 

most loyal, most obedient 

Edinburgh, 8th Decemb. sub j ect and servant, 

1646. Lanerick. 

74 Upon this his majesty wrote what follows : 

Lanerick, 
I like well of your accustomed freedom, nor shall I alter my style 
to you ": and indeed as I am well satisfied with your proceedings, in 
order to my commands sent by sir James Hamilton, so I wonder 
much that my intended answer had so ill a reception among you ; 
for albeit I could not expect that you would approve what I know is 
so much against your wishes, yet I thought that even common 
charity (besides, believe me, there is also the interest of the country 
which would be considered) might make you endeavour to make 
the best of that you saw remediless. Yet since what I sent you is 
so much mistaken, the rest is the less wonder to me ; for it amazes 
me to hear that some amongst you, who know every tittle that Will. 
Murray carried, say that this is far short in divers particulars, when 
there is but one (which is the militia) for which there is any colour, 
and not that neither but in a much wrested sense. And is it not so, 
when private instructions are the only ground, which only permit a fur- 
ther latitude to be made use of in case of absolute necessity, and not 304 
otherwise, it being a new kind of incivility that particular freedoms 
should be esteemed public obligations ; yet if they think they have so 
great a catch of it, so that Scotland will declare for me, I will stand 
to the least tittle of these instructions (nothing being omitted) ac- 
cording to their plain grammatical sense. As for the officers of state, 
certainly my advocate will clear that mistaking ; for all the alteration 
concerning them is only for the better conformity of that paper 
which he brought from London. And for the great seal, upon the 
perusal of all my papers I have not wit enough to find from whence 
the ground of going less can be taken : but for religion, I know not 
what to say, except endeavouring to be civil be termed a going less ; 
if so, that fault shall be soon helped. And indeed I cannot but think 
it strange, that rather than to comply any thing with my conscience, 
you will (I speak not personally to you, but to the kingdom in gene- 
ral) submit to the wills of those who at least can never prove your 
friends, and that to the visible prejudice (I may say more) both of 
you and me, though I express my endeavouring to content you by 

c c 2 



388 The king writes to the duke and to Lanerick. V. 74 — 

shewing you more than a probable way for attaining your pretensions, 
which you make altogether desperate by rejecting my offer. And truly 
I am confident not to be single to think your exceptions strange ; for 
first, civil ingenuity uses not to be misliked ; then, I rather expect- 
ed thanks for giving of some time to presbyterial government, than 
to have the limitation of it objected against me, especially since that 
without me it cannot be established. And is it unfit for me to have 
what is granted to all public ministers by the law of nations ? Yes, 
I cry you mercy, for kings use to dispense, not to be dispensed with. 
And why will ye not have twenty divines of my nomination to speak 
amongst your grave assembly ? Is it that you misdoubt your cause, 
or that you will not have it disputed ? Neither of these reasons can 
I submit to, a third I cannot find. Lastly, as for your covenant, 
when, and not before, I shall be satisfied in my conscience that I may 
allow it, I will : but I see no way for that satisfaction, unless by 
such a conference as I have proposed. Now for sad consequences I 
know no antidote so good as a clear conscience, which (by the grace 
of God) I will preserve, whatsoever else happen to 

Your most assured, real, 
Newcastle, 14th December, constant friend, 

1646. Charles R. 

P. S. — I have so much work now, that if you had ten brethren, 3°5 
what I have written is enough for them all. 

75 A few days after this his majesty sent his last message to 
the two houses, to be presented to the Scottish parliament, 
with which he wrote the following letters to the two brothers : 

Hamilton, 
I thank you for the timeous advertisement you and your brother 
have sent me by this bearer, whom I have returned to you with 
some queries, which I desired a friend of yours to write more at 
large to you than I have now time for ; to which and to this bearer 
referring you, I rest 

Your most assured, real, 
Newcastle, faithful, constant friend, 

December igth, 1646. Charles R. 

76 Lanerick, 

Since I saw by what sir James Hamilton brought me from you, 
what reception my intended message to London was likely, nay, sure 
to have, and since my conscience will not permit me a further length, 
(I know not what I may do upon a full and free debate at London,) 



-79- Fatal turn of matters in Scotland. (1646.) 389 

I have sent another, the copy whereof is here enclosed, which I ex- 
pressly send you, to acquaint the Scottish parliament with what I 
have done, and to desire their assistance in it ; in which, knowing 
that your fidelity needs no spurs, nor your ability information what 
to say, I will say no more, but that I am 

Your most assured, 
Newcastle, . real, constant friend, 

igth Decemb. 1646. Charles R. 

77 But as for the enclosed message, it being printed among 
his majesty's messages, it is needless to insert it here. 

78 And now came on the fatal turn of matters in Scotland, 
which shall be set down from a letter of my lord Lanerick's 
that follows, but to whom the writer knows not, the direction 
being lost. 

79 Since my last, our debates have been of so great importance that 3°6 
I cannot conceal them. Yesterday we spent two hours in the grand 
committee, (the whole parliament being present,) and indeed to good 
purpose ; for it was resolved, that present instructions should be 
sent to our commissioners, to press his majesty's coming to London 
with honour, safety, and freedom, and that we should declare our 
resolutions to maintain monarchical government in his majesty's 
person and posterity, and his just title to the crown of England. 
But I confess this day is the saddest I ever saw, for after resolutions 
were taken of sending to his majesty, it is carried that nothing but a 
grant to the whole propositions must be demanded, and in case of a 
refusal the former certifications given to his majesty put in execu- 
tion, of securing the kingdom, and settling a government without 
him : and lest his majesty should have hopes of engaging this king- 
dom on easier terms, or thinking to come to Scotland, (where 
though he should lose England, he might exercise the office of a 
king,) it is to be declared that this kingdom cannot lawfully engage 
themselves for his majesty's preservation, albeit he should be even 
deposed in England, he not taking the covenant, satisfying in re- 
ligion, and giving a satisfactory answer to the rest of the whole 
propositions presented to him in name of both kingdoms. Besides 

it is to be declared, that his majesty will not be admitted to come 
to Scotland, where though he were, his regal function would be 
suspended, and even his royal person at least be put under restraint, 
if not delivered up to the parliament. While we were on these de- 
bates, the enclosed warning was presented to the parliament by the 



390 Fatal turn of matters in Scotland, opposed V. 79 — 

commission of the kirk, which though you may think possibly high, 
yet really it is very moderate in regard of these motions have been 
in public ; for now all private meeting is quit by us in relation to 
his majesty's person, which certainly will not only not be admitted to 
come into Scotland, but a joint course will be taken by both king- 
doms for keeping him in restraint in England. And you may be 
confident, that will certainly be carried in despite of those that will 
oppose it. And to prepare us the better, before we come to a reso- 
lution, we are to-morrow to have a kind of fast, and hear two ser- 
mons in the morning, (according to our custom at St. Andrew's 
before the executions,) and the rest of the day is to be employed in 
taking a final resolution ; which (without all peradventure) will be 
to send commissioners to his majesty, to demand the whole proposi- 
tions, (for religion will not satisfy,) and to settle both kingdoms 
without his majesty's regal authority, and imprison his person in 
England, for he will not be admitted to come to Scotland. This I ■ 
thought fit to shew you ; from others you will hear what hath been 
every man's particular carriage in the debates ; and our future 
actions, though they prove not useful to his majesty, yet shall 
witness to the world and posterity how we detest such resolutions. 
However, I shall boldly say, that some who professed at their part- 
ing from his majesty as much if not more than I did, and for 
aught I know were more trusted, have this day shewed themselves 
to the world in their natural colours ; for truly I never remember to 
have seen any thing carried with so much violence and bitterness, 
as the resolution of not suffering his majesty to come to Scotland, 
our declaring it unlawful to espouse his interest, and the fitness of 
restraining his person in England. I dare not advise any thing, 
only this, whatsoever his majesty intends to do, I wish it be done 
quickly ; and I dare say, upon my honour, within few days he will 
not be master of himself nor his resolution; and then I doubt his307 
offers will come too late. I shall conclude, you never saw the 
stream so strong in Scotland, nor so desperate an affliction as doth 
now possess the heart of 

Your most humble servant, 

Lanerick, 

80 And with this long account he wrote to his majesty what 
follows : 

Sir, 
I shall not presume to trouble your majesty with the sad relation 
of our carriages here these last two days; the particulars will be 



— 82. in vain by the duke and by LanericJc. (1646.) 391 

represented to you by others. Only give me leave to beg, that 
what your majesty intends to do be quickly done, for our resolutions 
here will be sudden and sharp. Whatsoever other men's carriage 
be, I am resolved to die rather than concur with them. This is the 
fixed resolution of 

Your majesty's most humble, 

most faithful, most obedient 
Edinburgh, • subject and servant, 

17^ Decemb. 1646. Lanerick. 

81 Now were the two brothers, according to the variety of 
their tempers, swallowed up with the excesses of passion. 
The duke was all melancholy and despair, and Lanerick was 
full of fury and rage. But say or do what they could, all was 
in vain. One rare instance of the king's temper appeared at 
this time ; for after he had got this account, which brought 
him such ill-tidings, he took no notice of it to those about 
him, but continued in a game at chess, and was as cheerful as 
before. He was at that time thinking of making an escape 
from Newcastle by sea, but whither he intended to have gone 
does not appear to the writer : to that Lanerick's letters do 
relate, when they press his speedy resolving on what he in- 
tended. The design was thus laid : Mr. Murray had provided 
a vessel by Tinmouth, and sir Robert Murray was to have 
conveyed the king thither in a disguise ; and it proceeded 
so far, that the king put himself in the disguise, and went 
down the back stairs with sir Robert Murray. But his ma- 
jesty apprehending it was scarce possible to pass through all 
the guards without being discovered, and judging it hugely 
undeeent to be catched in such a condition, changed his 
resolution, and went back ; as sir Robert informed the writer. 
This came to be known to some : and one suspecting the duke 
was in it, wrote to him earnestly to concur in no such design, 
and that the king's getting out of their hands again would 
ruin all; that no man of honour and conscience ought to 
serve the king, since he would not serve God according to 
the covenant : adding, that it seemed God had no mercy for 
the king or his family, since his heart was still so hardened 
in the matter of the covenant : so highflown were men at 
that time. 

82 At London things went on with great despatch : for the 308 



392 Lanerich writes again to the king, tohose V. 82- 

retiring of the Scottish army another hundred thousand 
pounds sterling was voted to be paid presently, and other two 
hundred thousand pounds to be raised out of the sale of 
bishops' rents, and delinquents' estates; whereupon it was 
agreed, that the army should return to Scotland upon the 
delivery of the money, which was immediately to be sent 
down to Newcastle. 

83 In Scotland upon the evening of the next day, after the 
fast mentioned in the earl of Lanerick^s letter, these infamous 
resolutions, set down in his letter, were voted ; and all that 
could be said by the two brothers, or any few of their friends 
who adhered to them, had no other effect but to drive it off a 
few minutes, the tide made so strong the other way. The king 
at this time was much pressed both by the queen from France, 
and by Believre the French ambassador, to consent to their 
demands ; but all was to no purpose, and my lord Lanerick's 
last letter prevailed no more than the former. 

84 Most sacred Sovereign, 

By monsieur Montrevil I received your majesty's of the 14th in- 
stant, and do humbly acknowledge your gracious reception of the 
freedom I used in my former letter. And now when your majesty 
doth see to what a height the public resolutions here are grown, 
your majesty will soon find how just my fears were, that your in- 
tended answer to the propositions of peace, if published here, would 
have received no countenance nor assistance hence, satisfaction in 
religion being still waved ; without which, as then, so I have always 
assured your majesty, there would be an absolute impossibility of 
preventing your receiving eminent prejudices from this country. I 
shall not presume to reply to the answers your majesty makes to 
the objections were made here (for I did not then speak mine own 
language) against your answer to the propositions : I never laboured 
to persuade your majesty to grant them, from a sense of their just- 
ness, but only out of an opinion of their fitness in relation to your 
present condition, which (by what your majesty will learn from the 
bearer) is more threatening now than ever. I know the representa- 
tion of your danger, in what horrid shape soever it may with reason 
lie before you, will be as impertinent an argument as any : yet 
though your majesty should neglect it in reference to yourself, 'pity 
your hopeful children and posterity, pity your subjects, and suffer us 
not to ruin ourselves, which the confusions we are running into will 
certainly bring upon us ; and pity all those who have suffered for 



-85. message is rejected in Scotland. (1646.) 393 

you, who will be exposed to certain ruin. All possible means have 
been used in a parliamentary way, which is the only mean left to 
prevent the extreme resolutions that are now taken : but all is to no 
purpose ; our best friends forsake us upon any motion, which may 
infer the least latitude about the covenant and religion ; and there- 
fore, as in the presence of God, I must discharge myself to your ma- 
jesty, and shew you the resolutions now taken here in relation to 
the restraining of your majesty's person, and governing the king- 
dom without you, will be infallibly put in execution, if your majesty 
does not satisfy in the covenant and religion to the full, as it is de- 
manded : neither will it be in the power of any in this kingdom to 
prevent affronts and danger to your majesty's person, if you should 
have any thoughts of coming hither. Sir, I take God to witness, I aoo 
write this with a sadder heart than I would receive a sentence of 
death against myself, and shall grieve more at the performance of 
that, than I should at the execution of this upon 

Your majesty's most humble, 

most faithful, most obedient 
Edinburgh, subject and servant, 

December iid> 1646. Lanerick. 

85 His majesty's last message was presented to the Scottish 
parliament on the 23d of December, by the earl of Lanerick, 
and backed by him with the warmest language that he could 
use ; but nothing that was new being offered by it, a com- 
pliance with it was not to be expected. It was also sent to 
London, and first presented to the house of peers, whereat all, 
even those who were best affected, hung their heads, and sent 
it down to the house of commons without a word ; and there 
it met with the same entertainment. The next debate was 
about the king^ person, and the mildest opinion was, that he 
should be kept prisoner, some being for the excluding him 
for ever from the government. And for the place of his 
restraint, some were for his stay at Newcastle, but it was 
carried that he should go to Holmby. And this passed with- 
out communicating it to the Scottish commissioners. But when 
he was ordained to be kept in safety for his person, Henry 
Martin objected that the king had broken the peace, and why 
must the parliament bind for his safety ? Some moved to pre- 
serve his person according to the covenant, and it was carried, 
which was thought a great point. For now it was esteemed, 



394 The votes of the parliament in Scotland V. 86- 

that the covenant was that which must preserve the king, 
though his ruin had been formerly imputed to it. 

86 In the end of the year the Scottish commissioners parted 
from London ; and it being moved in the house of commons 
to send some with a compliment to them before they went, 
with the thanks of the house for their civilities and good offices, 
those of the Independent cabal argued much against that, of 
good offices done by them, and reckoned many bad ones since 
the king went to Newcastle ; and it being put to the vote, it 
was carried by 24 votes, to dash out good offices, and only 
thank them for their civilities. And so all those noble cha- 
racters they were wont to give of the Scottish commissioners, 
upon every occasion, concluded now in this, that they were 
well-bred gentlemen. 

Thus ended this present year, but none saw an end of 31 
miseries like to come. 

Anno 1647. 

87 In the beginning of the next year commissioners were sent 
from the parliament of Scotland, to represent their late reso- 
lutions to his majesty. On the 12th of January they pre- 
sented their first paper, wherein they laid out all they could 
devise for the pressing a satisfactory answer to the propo- 
sitions ; expressing with what earnestness all men were wait- 
ing for it, and that it would be received with more joy than 
had been ever seen at any coronation in England. But after 
they had delivered this message, and the 14th day was come, 
wherein the king promised his answer, he told them, he must 
be resolved of two things before he could give his answer : the 
first was, if he was a free man or a prisoner ? adding, that if 
he were a prisoner, it was the opinion of many divines, that 
promises made by a prisoner did not oblige, though he did 
not assert that to be his own sense : the next was, whether he 
might go to Scotland with honour, freedom, and safety, or not ? 
They declined long to give an answer, and in that debate three 
hours were spent ; at length, being put to it, they delivered 
all their severe message in the following paper : 

88 May it please your Majesty ; 

We are commanded by the parliament of Scotland to represent 
to your majesty the many inconveniences will ensue upon your 
majesty's denial or delay of granting the propositions concerning 



— 89. are delivered to the king. (1647.) 395 

religion and the covenant, and not giving a satisfactory answer to 
the remanent propositions ; and particularly to represent the preju- 
dice will thereby arise to the true reformed protestant religion abroad, 
and to the reformation of religion in these kingdoms, the danger of 
your majesty's person, and to your own and posterity's government. 

II. If your majesty (not granting the propositions concerning re- 
ligion and the covenant, and not giving satisfactory answers to the 
other propositions) shall relinquish England, we are commanded by 
the parliament of Scotland to represent to your majesty, that in that 
case they find it unlawful for them to assist your majesty for re- 
covery of the government, your majesty not granting the covenant 
and propositions as aforesaid. 

III. We are commanded by the parliament of Scotland to repre- 
sent to your majesty, that they find your majesty's coming to Scot- 
land (not granting the propositions concerning religion and the cove- 
nant, and not giving a satisfactory answer to the remanent proposi- 
tions) dangerous to the cause, to your majesty, to your native king- 
dom, and to the union betwixt Scotland and England, and that the 
kingdom of Scotland will be necessitated to take course to prevent 
your coming. 

IV. Both kingdoms will take course for disposal of your majesty's 
person, until such time as your majesty grants the propositions, or 
otherwise agree with your majesty's parliaments. 

V. We are commanded to make known to your majesty, that 
until your majesty grant the propositions in manner foresaid, or that 
some course be resolved by both kingdoms concerning the disposal 
of your majesty's person, your majesty cannot be admitted to come 

or remain in Scotland with freedom. And in case your majesty do3H 
come, we are commanded to represent to your majesty, that the 
kingdom of Scotland will be necessitated to put such attendants and 
guards about your majesty's person, as may preserve you in safety, 
and your kingdoms in peace, and may prevent all tumults, insurrec- 
tions, and gatherings of malignants. 

We are further warranted to represent to your majesty, that if 
you do not grant the propositions concerning religion and the cove- 
nant, and give a satisfactory answer about the remanent propositions, 
the kingdom of Scotland will be necessitated to continue the govern- 
ment without your majesty, as hath been done these years by-past. 

Newcastle, 14th January, 1647. 

89 But the answer they got shewed that the king could not 
be threatened to the doing of any thing he judged contrary to 
his honour or conscience. His majesty's answer being re- 



396 It is resolved to deliver up the king ; V. 89- 

turned back to Edinburgh on the 1 6th of January, which was 
Saturday, it was debated in parliament what should be done 
with his majesty's person. All inclined to deliver him up im- 
mediately to the English parliament; at which proposition 
the duke and his brother expressed their horror, with lan- 
guage so full both of reason and affection, that nothing but 
violent and enraged passion could have resisted it. 

90 They said, " Would Scotland now quit a possession of fifteen 
hundred years' date, which was their interest in their sove- 
reign, and do it to those whose enmity both against him and 
them did now visibly appear ? Was this the effect of all their 
protestations of duty and affection to his majesty % Was this 
their keeping of their covenant, wherein they had sworn to 
defend the king's majesty's person and authority ? Was this 
a suitable return to the king's goodness, both in his consent- 
ing to all the desires of that kingdom, anno 164.1, and in his 
late trusting his person to them? What censures would be 
passed upon this through the whole world ! what a stain 
would it be to the whole reformed religion ! and, in fine, what 
danger might be apprehended both to the king's person and 
to Scotland, from the party that was now prevalent in 
England !" 

9 1 But notwithstanding all this, the question was put in these 
words, whether they should leave his majesty in England to 
the two houses there, or not? so softly did the prevailing 
party present that infamous business to the vote of the par- 
liament. The duke's vote was suitable to his discourse and 
temper, being a negative uttered with much grave and deep 
sorrow ; but I shall set down Lanerick's in the formal terms 
wherein he expressed it ; As God shall have mercy upon my soul 
at the great day, I would choose rather to have my head struck off 
at the market-cross of Edinburgh, than give my consent to this 
vote. The earl of Lindsay, now earl Crawford, was presi- 
dent, and so could not debate : but as in the stating the vote 
he expressed much honest zeal, so when it was carried in the 
affirmative he dissented from it ; and to him those who had 
voted in the negative did adhere. But some of their friends 
were accidentally absent, others on design, and some down, 
right deserted them ; so that though there were divers who 
dissented, yet they were far short of being able to balance 



— g6. which is variously censured. (1647.) <*97 

the vote. When all this was done, Lanerick with a deep 
groan said, this was the blackest Saturday that ever Scotland 3 1 % 
saw, alluding to a great eclipse that was many years before 
on a Saturday, from which it was still called the Black Satur- 
day. 

92 This being sent to the commissioners at Newcastle did not 
at all shake his majesty, he being resolved not to yield to 
that, no not at Holmby, which he had refused at Newcastle. 

93 In the end of the month the English commissioners and 
forces came down, and the arrears for the payment of the 
army being delivered, the Scottish army withdrew, and left 
the king in the hands of the English, who presently sent him 
to Holmby. 

94 And this is a free and faithful relation of that great trans- 
action, only in invidious passages I have spared the memories 
and families of the unhappy actors. 

95 It was presently the matter of discourse and censure of 
Christendom, and brought an infamy on those who acted it, 
which though an indemnity could pardon, yet no oblivion was 
able to deface. It was thought strange, since the king had 
trusted himself to Scotland, that they should have thus de- 
serted him. What grounds Montrevil had for giving the 
king those assurances did not appear ; and certain it is, they 
were very slight ones, and were only from single persons, but 
not from any junto or judicatory. 

96 But generous minds thought the king's frank casting him- 
self into their hands was an obligation beyond any engage- 
ments they could have given. And it was thought strange 
madness in those of Scotland to do it at that time, since they 
saw the Independents prevailing, whose designs against the 
king's person and monarchy had been faithfully discovered to 
them by some of their commissioners at London, and who 
were as little friends to the covenant and presbytery as the 
king himself was ; so that considering their power, such a 
strengthening of them brought religion under a hazard of 
another nature than could have been apprehended upon their 
accepting of the king's concessions. But the contradiction 
that this course had to the covenant was so plain, that none 
could avoid observing it ; for to make their king a prisoner 



398 The king writes to the duke, ivho contrives V. 96- 

was an odd comment upon their defending of his person and 
authority : and to do all that because he would not force his 
conscience, was judged a strange practice from those who had 
so lately complained heavily against any appearance of force 
upon tender consciences. 

97 These were the censures that generally passed on that 
transaction : the king's stiffness was also very much con- 
demned, and most men, not understanding the strictness of a 
tender conscience, thought it was humour that swayed him, 
and judged that in the posture affairs were then in, he should 
have yielded to any thing, how unreasonable soever, rather 
than have so exposed himself, his posterity, and his kingdoms, 
to such visible hazards ; reckoning that no form of govern- 
ment that ever was, deserved to be so firmly adhered to. All 
persons looked for dismal effects from these resolutions, few 
thinking the friendship betwixt Scotland and England would 
be lasting : and all apprehended some strange curse would 
overtake those who were active in this infamous business. 

98 Amidst these greater reflections, there were some who 
suspected the duke had not acted in that affair with that 
candour and zeal he expressed : and this was chiefly founded 
on the base votes of some of his friends, chiefly of one who 3 l 
had served him, but was then a lord. But as the tract of 
this account hath cleared the whole progress of his negotia- 
tion, so the visible affliction of his mind, which drew after it 

a great indisposition in his body, did abundantly refute these 
calumnies. And indeed that great mind which did not suc- 
cumb under the hardest trials, when it employed its utmost 
strength, was now reduced to the most pinching straits, and 
almost to desperate resentments; so that he repented his 
stay in Scotland, since he foresaw nothing but imminent ruin 
to king and country : yet his majesty's opinion of his zeal and 
affection to his service was at this time proof against all 
whispers, which appears by the following letter : 

99 Hamilton, 

I know it were needless to recommend this bearer, Will. Murray, 
to you, but that his persecution at this instant for my sake is such, 
that in a manner it even extorts these lines from me, to tell you that 
your hearty and real dealing to procure his waiting upon me is a good 



— lo2. how to turn Scotland to the king 's service. (1647.) ^99 

occasion, which I am confident you will not let slip, to shew your 
constant zealous affection to 

Your most assured, real, 

Newcastle, 2 9 th January, constant friend, 

1647. Charles R. 

100 Now it was that genuine melancholy and horror dwelt 
in all the duke's thoughts, his brother was too deeply pre- 
possessed with the like apprehensions to minister much com- 
fort to him ; only he pressed him not to give way to languishing 
sorrow, but to see what could be done for setting things right 
again ; and for infusing that sense of shame and horror in all 
people for the late action, which might prepare them to a 
noble reparation of it by a generous engaging in the king's 
quarrel. And upon this much pains was taken to infuse jea- 
lousies of the Independents in the minds of the kirk men, 
though there were other violent persons as careful to refute 
them. 

101 Most of this year was spent in possessing all men's minds 
with these apprehensions, so preparing them for what they 
designed to execute upon the first opportunity. The duke 
and the earls of Lauderdale and Lanerick were they who 
united most closely and cordially for the contriving and pro- 
secuting of that design. The king was prisoner at Holmby, 
without any other liberty save that of taking the air some- 
times : all his servants were denied access to him, and so cruel 
was the zeal of his enemies that it reached to his soul ; for 
they refused liberty for his chaplains to wait on him, a favour 
not denied to the worst of malefactors ; but God was his 
refuge, who supported him in all his sufferings and solitudes. 
The two houses wrote to the committee of estates in Scotland, 
that they should take such a joint course with them as might 
tend most to bring things to a happy peace. 

102 But now the jealousies betwixt the parliament and the army 314 
begun to grow visible and aboveboard, for the presbyterian 
party in the parliament saw their error too late ; most of 
them seemed to have intended the king's good, only they were 
mistaken in judging that the parliament, in which they were 
most numerous, would never be disobeyed by the army : but 
being disappointed in this, they ruined all, their confidence in 
their power in parliament having been the cause why they 



400 Lauderdale is sent to England. V. ioz — 

let the Scottish army go home ; for till they were gone the 
Independents crouched under them, and trepanned them into 
severities against the king, and the dismissing of the Scots ; 
who were no sooner gone, but the army acted what had been 
before projected, but most industriously concealed from the 
presbyterians. 

103 In April the earl of Lauderdale was sent from Scotland to 
London, to insist on the motion for a settlement with the king, 
and chiefly to hinder the adding of any new propositions ; and 
he was also instructed to deal for a permission to the duke 
and the earl of Dumfernline to go and serve the king in his 
bedchamber. But the earl of Lauderdale found matters in 
great confusion at Westminster, for the chief thing thought 
on was the disbanding of the army, which was an unnecessary 
burden to the kingdom, many grounds of fear appearing that 
their designs were to keep themselves up, and govern the 
nation by a military and arbitrary power : therefore such as 
were best affected, judged it necessary once to disband them, 
before they engaged in a new treaty with the king. But for 
that private proposition concerning the duke and Dumfernline, 
the earl of Lauderdale seeing it would not take, because there 
was not a family yet settled about the king, nor could it be 
expected that any from Scotland would be the first they would 
set about his majesty's person, did not present it : and indeed 
the duke's late behaviour, in opposing the delivery of the king, 
had forfeited his credit with those of England then in power. 
But it is not my meaning to go on with a regular history of 
the irregular transactions that passed in England this year : 
I shall only say so much of them as will make appear what 
reason the Scots had for their proceedings, and to clear what 
may have relation to the duke's concerns. 

104 In the middle of May the king sent a new message to the 
parliament of England in order to a treaty : but his offers were 
the same (upon the matter) they had been at Newcastle, and 
so not like to take; and the two houses were then busied 
about disbanding the army. They therefore ordered the army 
to be disbanded, and some of the forces they kept up to .be 
sent over to Ireland ; and all satisfaction being offered, the 
time of their disbanding was named. But the ringleaders of 
the army disposed them to mutiny against the parliament, 



—105. The army takes the king from Hohriby .(1647.) ^01 

upon pretence of want of satisfaction in matter of money, and 
reparation in point of honour ; so the army drew to a body, 
and erected a court, who were called the agitators. Mean- 
while Cromwell puts his party in the house of commons on 
the recalling of their declarations against the army, and goes 
to the army, though his commission was expired. More 
money was offered to the army, but nothing was accepted ; 
only divers of the presbyterian officers submitted, and sub- 
scribed for Ireland, whereupon they were by the prevailing 
part of the army disbanded. And the army, to make a sure 
game for their party, sent one Joice (a tailor by trade, but now 
a cornet by his employment) to Holmby, who came at twelve 3 15 
o'clock at night, and forced the king to go with him against 
his will. Upon which the earl of Lauderdale emitted a decla- 
ration, in name of the Scottish nation, against that force 
put on the king's person, contrary to all their treaties and 
declarations ; and demanded that his majesty's person might 
be presently set at liberty, and brought with honour, free- 
dom, and safety to some of his houses in or about London : 
and after that he went to Newmarket, to wait on the king, 
who was there with the army. But the army begun to abuse 
his majesty into some confidence in them, and used him at 
another rate than had been done at Holmby. They gave free 
access to all his servants to come to him ; they allowed his 
chaplains to attend about him, and serve in their office accord- 
ing to the Liturgy, and permitted him free correspondence 
with the queen and every body else ; and in their discourses 
intimated their willingness to lay aside the covenant, and allow 
the toleration of episcopacy and the Liturgy : all which, 
though smoothly said, was meant to cajole him to his ruin. As 
soon as his majesty was at liberty, he wrote the following letter 
to my lord Lanerick : 
105 Lanerick, 

The present condition of my affairs is such, that I believe you and 
your brother may do me better service at London than where you 
are ; therefore I desire that both, or at least one of you, would come 
up as soon as you could : the rest I leave till meeting, and so 
farewell. 

Your most assured, real, 
Newmarket, 22nd June, constant friend, 

l6 47- Charles R. 

Hamilton. d d 



402 Correspondence between Lanerick V. 106 — 

106 To this my lord Lanerick wrote this answer : 

Sir, 
Your majesty's letter of the 22nd of June had been immediately 
obeyed, if our stay here for some time had not been conceived of 
more use to your majesty's service. Your condition is so variously 
represented here, that your faithfullest servants know not how to 
carry themselves ; therefore the intimation of your majesty's own 
pleasure would be of great use. No sooner shall the temper of people 
here (which for the present is strangely inflamed) be any thing 
allayed, than one or both of us you commanded shall attend you, 
according to the duty of 

Your majesty's most humble, 
most faithful, most obedient 

subject and servant, 

Lanerick. 

107 His majesty upon that wrote what follows : 316 

Lanerick, 

It is impossible for me at present to give a categorical answer to 
your (I confess) necessary question : all I can say is, that I am now 
at much more freedom than I was at Holmby ; for my friends have 
free access to me, my chaplains wait upon me according to their vo- 
cation, and I have free intelligence with my wife, and any body else 
whom I please, all which was flatly denied me before : besides, the 
professions are much more frank and satisfactory to what I desire, of 
this army, than ever was offered by the presbyterians. And truly, if 
these people rightly understood their own condition and interests 
they must do what they profess, which is, that king, parliament, and 
people may each have respectively what is their own ; and yet it 
must be their actions, not words alone, which shall make me put 
confidence in them. 

Hitherto they have made me no particular offers, though daily 
pressed by me ; but as soon as I can clearly see through their in- 
tentions, one way or other, I will not fail to advertise you with my 
commands thereupon. In the mean time, having truly, though shortly, 
set you down the true estate of my present condition, I leave you to 
judge and do what you shall find best for my service. So I rest 

Your most assured, real, 

Casam, 1 2 July, constant friend, ' 

1647. Charles R. 

P. S. — I have intrusted this trusty bearer with several particulars 
which I thought too long for a letter. 



—109. and his majesty. ( 1 647 .) 

108 And the day after that he wrote again : 

Lanerick, 
This is first to recommend this honest bearer to your care, to 
further him in passing of those small favours I have bestowed upon 
him ; next, that you would do your best for the relief of those 
Gordons who were lately taken; both which, as to you, were need- 3*7 
less, but that I know it is fit for me at all occasions to express the 
care I have of those that wish me well. So farewell. 

Your most assured, real, 
Casam, 1 3 July, constant friend, 

1647. Charles R. 

P. S. — Send me word if you have yet remembered your promise 
to me concerning the late archbishop of St. Andrew's book. 

109 To which my lord Lanerick wrote this answer : 

May it please your Majesty, 
Yours of the 12th I received yesterday. We are joyed for what 
you write of the civilities you met with, but are full of doubts and 
fears of their continuance, especially since we are informed, that, not- 
withstanding all public professions, strange demands are preparing 
to be offered to your majesty. I ever hated thralling of consciences, 
yet I shall be sorry there were no other price of spiritual freedom 
than your majesty's loss of all temporal power. This kingdom will 
be easily induced to venture their lives for the last, but none will 
hazard the first ; since they will not declare for your majesty, but 
clogged with the covenant. It was thought fit to delay all resolu- 
tions until the 5th of August next, expecting against that time, 
either from the nature of the demands we hear are now to be made 
to your majesty, or from the carriage of the army to your sacred 
person, grounds will be given either to rest satisfied, or to resent it 
as becomes loyal subjects. It is wished your majesty's true condi- 
tion and positive pleasure may be made known (from yourself if 
possible) against that time, when certainly the sense both of this 
church (seeing the general assembly will be then sitting) and state 
upon the present differences in England, as they have relation to, 
or can have influence upon Scotland, will be made known. It is 
wished your majesty's prudence may prevent further prejudice, by 
going at first the full length you intend, in granting what conditions 
shall be demanded; or if you find them absolutely destructive to 

Dd2 



404 Correspondence between Lanerick and the king, V. 109 — 

you, to put yourself in that condition, that our persons and lives may 
be of use to your majesty, which shall be the constant care of 
Your majesty's most faithful, 

most loyal, most obedient 
Edinburgh, subject and servant, 

i\st July, 1647. Lanerick. 

P. S. — I have not as yet been able to put your commands in exe- 318 
cution concerning the bishop of St. Andrew's book, in regard the 
copy I have is both uncorrect, and wanting in many essential things ; 
but I have already taken a course to have that supplied from a true 
copy of the original, now in the possession of our commissioners at 
London. 

no His majesty's answer follows : 

Lanerick, 

Yours of the 2 1 st instant I received yesterday, having before re- 
solved to have written to you, though I had received none from you, 
to shew you from time to time what my condition is. And yet for 
easing my pains, I have thought fit to refer you to the bearer, John 
Chisley, to tell you the true state of affairs, with my opinion there- 
upon, to whom I have largely and fully spoken my mind : wherefore 
I will only say this one word, that whatsoever you resolve on, you 
must not think to mention (as to England) either covenant or pres- 
byterial government ; for it will ruin you, and do me no good ; ex- 
perience of which was clearly seen at Newcastle. So desiring you 
to trust this bearer, I rest 

Your most assured, 

Wooburn, real, constant friend, 

z^thJuly, 1647. Charles R. 

in The army drew nearer London, declaring they came to 
restore the king, and to reform the parliament. This was 
popular, and took with many, wherefore the parliament, to 
undeceive both king and people, voted his majesty's coming to 
Richmond for a personal treaty, and that the army should 
not come within thirty miles of London. But the army re- 
fused obedience, and carried the king with them, and sent 
threatening messages for recalling of those votes : and they 
designed next to model the two houses ; whereupon a frivolous 
general charge was drawn against eleven of the most con- 
siderable members, who withstood their designs, and they 



■ — in. The parliament forces the army \ (164.J.) 405 

pressed their suspension from the house. But it was voted 
in parliament to be against law to suspend any member upon 
a general charge, without bringing in and proving special 
matter. And the two houses did choose a committee of 
safety to treat with the city of London, for raising a new 
militia for their own security, and some of the trained bands 
were drawn together under presbyterian officers. Upon this 
the army came to London, forced the houses to recall their 
votes and disband their forces, and drove away the eleven 
members. And thus having overawed both parliament and 319 
city, they began to levy new forces : but as soon as they with- 
drew from London, the citizens of London came in great 
numbers to Westminster, and petitioned to have their militia 
settled again according to their former votes; which being 
granted, the parliament next day was at liberty, and the 
secluded members returned. About the end of July, the earl 
of Lauderdale going to wait on his majesty, who was then at 
Wooburn, was not only hindered access, but by the violence 
of the soldiers carried away ; and say or complain what he 
would of the violation of the treaty with Scotland, and the 
law of nations, by that affront put upon a public minister of 
another kingdom, he could not prevail, but was forced to be 
gone. After this, the king was voted to come to London. 
But the army, instead of obedience, came thither again, and 
by the interposition of some treacherous people got the city 
surrendered to them : whereupon they marched through it in 
triumph with laurels in their hats, and came to Westminster, 
bringing with them the two speakers, and some other mem- 
bers of their party, who had run away from the parliament, 
pretending fear, though no appearance of it had been in the 
proceedings of the parliament. Fairfax was declared captain- 
general of all England, constable of the Tower of London, 
and commander of all the garrisons, and then they fell to the 
purging of the house. And besides the forcing the eleven 
members to flee, seven of the lords were also impeached ; and 
all orders that passed in the absence of the speakers were 
repealed; yet this was not carried but upon a fortnight's 
debate. Divers of the city of London, with the mayor and 
some aldermen, were likewise charged and imprisoned : and 



406 Mr. Lesley is sent to the king to V. 112— 

all this was upon a general accusation of their designs to raise 
a new war. 

112 Those in Scotland being advertised by their commissioners 
of all that passed, failed not to make good use of it, to stir 
up the affection and duty of all to appear for his majesty ; 
which prevailed generally ; and even the ministers begun, both 
from their pulpits and by their remonstrances, to complain of 
the prevailings of the sectarian party, and of the force that 
was put on the king's person. But the old language of the 
covenant and presbytery was still in their mouths ; yet all 
were pretty forward for a real resentment of the late dis- 
orders in England. Only Mr. George Gillespie, who was in- 
deed of good parts, but bold beyond all measure, withstood 
these inclinations, and represented that the greatest danger 
to religion was to be feared from the king and the malignant 
party. He was suspected of correspondence with the secta- 
ries, which some letters in my hand written in cipher give 
good grounds to believe. Certain it is that he proved a very 
ill instrument, and marred that great design, by which all 
former errors might have been corrected. Thus as the duke 
and his friends' designs began to appear, there was a violent 
party no less careful to withstand them. Therefore it was 
not judged fitting the duke should leave Scotland, his service 
in it being greater than any he could do in England : be- 
sides, his being a peer in England made him more obnoxious 
to their fury than any other Scotchman could be. But his 
majesty's concessions about religion pinched them much, and 
the liberty offered to tender consciences did very much dis- 
gust the Scottish clergy : for in Scotland a toleration was 
little less odious than episcopacy, and nothing but presbytery 
would satisfy them. 

113 In the end of August they sent Mr. Lesley to his majesty 320 
to represent the state of affairs in Scotland, according to the 
following instructions : 

You shall shew what endeavours have been used to incense this 
kingdom against the proceedings of the army under the command 
of sir Thomas Fairfax : witness George Windram's relation, the de- 
claration of the general assembly, and the voice of the daily cries 
from the pulpit. 



— H4. represent the state of affairs in Scotland. (1647.) 407 

II. You shall represent what industry was used to precipitate a 
present engagement, upon the grounds of the covenant; and for 
settling presbyterial government in England, who were the pressers, 
and who were the opposers of it. 

III. You shall shew what pains were taken by the moderate 
party here, to procure the sending of commissioners to his majesty 
and the parliament, thereby to procrastinate and delay all resolu- 
tions, till their return, or a report from them ; which will probably 
consume the rest of this summer, and for this year prevent a new 
war, except upon eminent advantage. 

IV. You are therefore to represent how necessary it is for pre- 
venting prejudices from hence, that a free passage and all other 
encouragements be given to those who are now to be employed ; if 
that shall be refused, or the law of nations in their persons violated, 
a breach betwixt the kingdoms cannot be longer prevented. 

V. You shall shew, that if it had not been for his majesty's com- 
mands to the moderate party here, a Scottish army had ere this 
time been in England ; which so long as his majesty is well used, 
they are hopeful to prevent, but if his reestablishing be delayed,, a 
greater army than ever Scotland raised will own his quarrel. 

VI. You shall shew, that the instructions now given to our com- 
missioners, who treat with the parliament, are only generals ; the 
chief whereof is, that his majesty be again invited to come to Lon- 
don with honour, freedom, and safety ; the delay whereof is exceed- 
ingly ill taken here ; and nothing would give so general satisfaction 
to this kingdom, nor more stop the mouths of incendiaries, than that 
his majesty were so at London. 

VII. You shall shew, that the message that was to be sent to his 
majesty was only to represent to him the constant affection of this 
kingdom, their longings to see him reestablished in his throne, 
their resolutions never to withdraw themselves from under his 
government, and their desires to know immediately from himself in 
what condition he is, since the safety of this kingdom so much de- 
pends upon the safety of his person. 

VIII. You shall shew, that the disorders in the highlands are now 
composed, and our army is to be scattered in several quarters through 
the whole shires of the kingdom. 

IX 4 With these instructions my lord Lanerick wrote what fol- 
lows to his majesty : 

Sir, 
Since eminent advantages for your majesty's service could not at 



408 The king is abused by the army. V. 1 14 — 

this time be procured, but at the old rate of satisfaction in religion 
and the covenant, our study hath been to prevent prejudices and 
disservices, wherein our endeavours have not proved unsuccessful, 
though even in that we met with extraordinary opposition. The 
particulars will be shewed to your majesty by the bearer, with the 321 
humble sense and advice (upon the whole as it now stands in rela- 
tion to this kingdom) of 

Your majesty's most humble, 

most faithful, most loyal, and 
Edinburgh, most obedient subject and servant, 

23d August, 1647. Lanerick. 

"5 To which his majesty answered : 

Lanbrick, 

I very much like and approve of Robin Lesly's discourse and 
instructions ; but I do not so well understand your letter of the 
23d of this month, as not agreeing fully with what Robin hath said 
and shewn to rne ; wherefore I have the more reason to desire you 
to hasten your coming up. In a word, every minute that you stay, it 
is so much the worse for the affairs of 

Hampton- Court, Your most real, constant friend, 

2 9 th August, 1647. Charles R. 

For particulars I refer you to Robin. 

116 The king was then so filled, with hopes, from assurances 
given him by the army, that he was out of doubt of getting 
things carried by treaty, and therefore continued to press 
Lanerick' s coming up. The earl of Lauderdale wrote also to 
Scotland, that some person of eminence might be sent to con- 
cur with him in the great transactions that were coming on ; 
whereupon the lord-chancellor and Lanerick were appointed 
to go up ; upon which a pass was signed by Fairfax, for the 
earls of Lowdon and Lanerick (according to the desire sent 
from Scotland) to come and wait upon the king. 

117 But their coming up was delayed; the occasion whereof is 
given in the following letter written by my lord Lanerick to 
the king; which though I set down in the due style, yet 
both it and almost all the letters written this year, being in 
cipher, run in the third person ; but, for making the narra- 
tion smoother, I have presumed to change their phrase a 
little. 



— 1 1 8. Why LanericU s journey is stopped for a time. (1647.) 409 

118 Sir, 

The difference betwixt Robin's relation and my letter of the 23d 
of August last I shall easily reconcile when I shall have the happi- 
ness to see your majesty, for I can hardly speak truth and sense 
without running a hazard of making myself useless, and uncapable322 
of speaking at all. Those of the chancellor's friends who were 
against his being employed at this time, take occasion to press a 
delay to his and my present going to London, or court,, from the 
two houses their not yet answering a letter the committee here wrote 
to them, for reparation of the affront done to the earl of Lauderdale, 
and for assurances to all commissioners employed from this king- 
dom : so, until a satisfactory answer be returned to that letter, it is 
alleged that their going will be useless, since (except they be allowed 
by the two houses) access to your majesty may still be denied them, 
and so their endeavours to serve you frustrated. This is the rather 
urged by reason of many informalities in the pass sent them by sir 
Thomas Fairfax, by which they were only warranted to come to 
your majesty at Hampton -Court; and if you chance not to be there, 
it doth not warrant them to wait upon your majesty in any other 
place ; especially since it bears not at all a liberty for them to go to 
London, where their endeavours probably would be of the greatest 
use. If the earl of Lauderdale had not been affronted, they would 
not have desired any assurance at all ; but that being unrepaired, 
(for they are not at all satisfied with sir Thomas Fairfax's answer to 
the two houses' letter in that particular,) if they shall have occasion to 
move any thing in your majesty's favours, which shall be disliked by 
the parliament or army, they may chance to meet with the same or 
worse usage than Lauderdale did. I was not so scrupulous, but will- 
ingly would have hazarded through these (or any) difficulties, being 
required, as I am, by your majesty to haste thither ; but the chan- 
cellor's stay would have made my single going (I being only em- 
ployed to your majesty) useless : yet if it shall be thought fit, and I 
again commanded to it, want of formalities or passes will not fright 
me from my duty. In the mean time instructions are this day sent to 
our commissioners at London, to delay their concurrence in sending 
the propositions of peace to your majesty till the chancellor's coming ; 
for the committee resolved to adhere to their former instructions, in 
pressing your majesty's coming to London with honour, freedom, 
and safety, for confirming so far as you have already granted by 
your message of the 1 2th of May last, and there to treat upon the 
rest of the propositions. Thus begging pardon for this tedious 



410 Lowdon and Lanerick wait on the king. V. 118— 

account, I expect your majesty's further commands, which shall im- 
mediately be obeyed by 

Your majesty's most humble, 

most faithful, and most obedient 
Edinburgh, subject and servant, 

4th September, 1647. Lanertck. 

119 His majesty's answer follows : 

Lanerick, 
You had reason not to come up without the chancellor, but I do 
not understand why you did both stay ; for is this a time for Scot- 
land to vie punctilios of honour with England, and thereby neglect 
(even almost to loss) the opportunity of redeeming that fault which 3^3 
they committed at Newcastle ? Certainly you are not yet in the right 
way. But seriously I write not this for you, but to you, that others 
by you might learn more wit. In a word, time is not altogether 
lost ; redeem it for shame, and be not startled at my answer which I 
gave yesterday to the two houses ; for if you truly understand it, I 
have put you in a right way where before you were wrong : remem- 
ber the proverb, III bairns are best heard at home. I say no more, 
but make what haste you can, with your colleague, to 

Your most assured, real, constant friend, 

Charles R. 

120 In the mean while a message was sent from Scotland to 
the parliament of England for such a full pass as was de- 
manded ; which drew on a great debate : for Haslerig, Martin, 
and others of that cabal argued much against it, saying, why 
should Lanerick be sent up, who was a known incendiary ? 
and the Latham letter, mentioned in the account of the year 
1643, with many other particulars, were remembered. Next, 
they excepted against it, that by the pass that was demanded 
it appeared they were to go first to the king, as if they had 
been to treat without the parliament of England. But old sir 
Henry Vane took them up sharply for remembering things 
which were long ago buried ; yet the heat was so great, that 
it was referred to a committee to consider of it, but in end it 
was granted. 

121 All this while the earl of Lauderdale went not near West- 
minster, because he got not reparation for the affront put on 
him by the army ; but was extremely vexed to see the king 



— 1 23 . The king advises with Lauderdale and Lanerick. ( 1 647 .) 41 1 

possessed with such a good opinion of the army, and used all 
the ways he could think of to undeceive him. 

122 In the beginning of October the earls of Lowdon and 
Lanerick came to London ; and with them the earl of Lau- 
derdale went to wait on the king, who was then at Hampton- 
Court; and after they had learned from him the state in 
which his affairs were, and had expressed the sense and affec- 
tion of his subjects in Scotland, who judged all their happi- 
ness to depend upon his settlement on his throne, they fell 
upon their treaty with the parliament. But the army was 
beginning to take off their mask, and change their style : for 
having now seated themselves in the power, they begun to con- 
trive how to execute what they had always designed, which 
was, the ruin of the king and the subversion of monarchy. 
And a new party among them, called the Levellers, did avow- 
edly own principles contrary to all order and government, so 
that there was great ground to apprehend danger to the 
king's person. My lords of Lowdon, Lauderdale, and Lane- 
rick represented to the king, that if he would give satisfac- 
tion in the point of religion, he was master of Scotland on 
what terms as to other things he would demand : but without 
that, they feared their design of serving him should meet with 3 24 
great opposition ; yet they resolved once to rescue him out of 
the hands of the army, or to perish in the attempt. 

123 A little after this, his majesty being to hunt at Nonsuch, 
the earls of Lauderdale and Lanerick came thither on pre- 
tence of waiting on his majesty, accompanied with fifty horse 
which struck no small terror in the little guard that was 
about the king : whereupon these lords told his majesty, that 
they were come to rescue him from his captivity, and they, 
with all these they brought with them, were resolved to die 
at his feet ; wherefore they entreated him to make his escape. 
But the king told them he had engaged his honour not to 
leave the army without giving them advertisement, and till 
he freed himself of that, he would die rather than break his 
faith. But the leading men of the army were now weary of 
the king's being with them, and wished to have him in some 
secure place under a good guard : whereupon they made re- 
ports be brought to him that the Levellers were designing 
against his life. The king therefore called again the earls of 



41 £ The king goes to the Isle of Wight : V. 123 — - 

Lauderdale and Lanerick to him some days before his escape, 
and told them he had freed himself of the engagement he had 
given not to leave the army : he therefore desired their advice 
what to do. The earl of Lauderdale said, things being driven 
to such extremities, it was not safe to give advice ; but would 
his majesty suggest any thing, he would with all candour 
deliver his opinion about it. The king first spoke of his 
going to Scotland : the earl of Lauderdale said, that except 
he resolved to comply with their desires about religion, he 
might expect no better usage from the church-party there 
than he had met with at Newcastle. Next, the king moved 
his going to London : the earl of Lauderdale answered, that 
formerly that had been a safe course, but now the city was 
so overawed by the army, that he durst not advise his trust- 
ing his person to them ; for the tumults there were already 
great, and would undoubtedly grow upon his coming. The 
king asked, if he came, was he sure of the Scottish commis- 
sioners, that they would stick to him in name of the Scottish 
nation ? The earl of Lauderdale answered, that all of them to 
a man should wait on him, and own his service at all hazards ; 
but without instructions from Scotland they could do nothing 
as commissioners, but only in their own names as his subjects ; 
and they had great reason to fear the church-party in Scot- 
land would not own him, nor order them to do it. Next, the 
king spoke of his going to Berwick ; whereupon the earl of 
Lanerick, who till then had stood silent, begged of his ma- 
jesty, that for God's sake he would follow that motion : for if 
he left England, the army would pretend he was deserting his 
kingdom, and so depose him ; but Berwick was a strong place, 
which at that time lay ungarrisoned, the country about it was 
generally well affected, and so he might easily get a good 
garrison to go in with him : and by that means he was near 
Scotland, for the encouragement of those who resolved to 
serve him. This was also backed by Lauderdale, and the 
king seemed fully resolved on it ; so they left him. Of this 
the author had his information from the earl of Lauderdale. 
124 A few days after this, his majesty went to the Isle" of 
Wight, and on the 16th of November sent a message to the 
parliament, which is printed with the rest of the messages, 
declaring the reason of his going to that place, and inviting 3 25 



— 126. he writes to Lanerick : the answer. (1647.) 413 

them to a treaty. As for religion, he insisted on his judg- 
ment about episcopacy, as a government settled by the apo- 
stles; but was content it should he limited, so that the 
bishops should act nothing in ecclesiastical matters without 
their presbyters, whereby they should be no burden to tender 
consciences; and that they should be obliged to reside and 
labour and preach in their dioceses. Besides, he continued 
his offer for the settlement of presbytery for three years, till 
things were freely debated and considered, adding a liberty 
to all tender consciences, except popish recusants. As for 
the militia, he offered to yield it up to the parliament during 
his whole reign, and in other particulars insisted on his former 
concessions : and some days after that, he wrote what follows 
to my lord Lanerick : 

I2 i- Lanerick, 

As my coming hither will be variously scanned, so I believe that 
my message to the two houses will have divers interpretations, for 
neither of which I mean to make any apology ; for honest actions 
at last will best interpret themselves : only I must observe to you, 
that what I have sent to London, the end of it is to procure a per- 
sonal treaty, for which if I have striven to please all interests with 
all possible equality, (without wronging my conscience,) I hope no 
reasonable man will blame me. Nor am I so unreasonable as to 
imagine that this my message can totally content my own party : 
but for the end of it (a personal treaty) I hope that all the reason- 
able men on all sides will concur with me, as I expect your Scottish 
commissioners should do, though I know you must dislike many 
passages in it. And yet I must tell you, that in substance it differs 
very little from my message of the 22d of May. This I thought 
necessary to write to you, that you might assure your fellow- com- 
missioners, that change of place hath not altered my mind from 
what it was when you last saw me. So I rest 

Carisbrook, Your most assured, constant friend, 

19th November, 1647. Charles R. 

P. S. — This is a safe messenger, wherefore you or any other of my 
friends may write to me by him, desiring much to hear from you. 

I2 6 To this letter the three commissioners from Scotland wrote 
jointly this answer : 

May it please your Majesty, 21 

Your message left behind you at Hampton-Court gave great 



414 The four bills passed by the two houses. V. 126 — 

hopes that your majesty was gone to some place where you might 
be safe and free from your enemies, and where your majesty's 
friends might have access to you. But as the place to which you 
are gone, so your majesty's message of the 16th hath infinitely dis- 
abled us to serve you ; for what you offer in matter of religion 
comes far short of your majesty's message of the 12th of May : be- 
sides, it grants a full toleration of heresy and schism for ever. And 
as for your concessions in things civil, more is granted than was 
expected by some or wished by others : and although we know not 
how effectual your majesty's message may prove for a personal 
treaty, yet our endeavours shall be really contributed for that end, 
as we have done in part already. If this message be rejected, a 
personal treaty denied, the new propositions pressed by the two 
houses, and your majesty in no better security than formerly, you 
would advise us in time what to do, and wherein we can be useful 
to your majesty, who are resolved to serve you as becomes 
Your majesty's most humble, 

most faithful, most loyal 

subjects and servants, 
%id Novemb. 1647. Lowdon, Lauderdale, Lanerick. 

127 Next day his majesty wrote what follows to my lord Lanerick : 

Lanerick, 
I wonder to hear (if that be true) that some of my friends should 
say, that my going to Jersey had much more furthered my personal 
treaty than my coming hither, for which as I see no colour of reason, 
so I had not been here if I had thought that fancy true, or had not 
been secured of a personal treaty, of which I neither do, nor, I hope, 
shall repent ; for I am daily more and more satisfied with this go- 
vernor, and find these islanders very good, peaceable, and quiet 
people. This encouragement I have thought not unfit for you to 
receive, hoping at least it may do good upon others, though needless 
to you, from 

Your most assured, real, 
Carisbrook, faithful, constant friend, 

23d Nov. 1647- Charles R. 

I2 g But in the end of November the two houses passed the four 327 
bills without the consent of the Scottish commissioners, which 
was a manifest breach of treaty. In them the covenant was 
not so much as mentioned, for they related wholly to civil 
matters, as, the perpetual power of the militia, the unlimited 



-i 29. The Scotch commissioners protest against thelitis. (1647.) 415 

authority of parliament, and in effect the giving up at once 
the king's authority. But the Scottish commissioners com- 
plained and remonstrated against this with open mouth, and 
gave in a large remonstrance against the four bills ; declaring, 
that, contrary to all the former treaties and declarations, the 
propositions made to his majesty were still altered, the pro- 
positions sent to Newcastle, to which, notwithstanding their 
dislike of them, yet for peace sake they had yielded, were now 
quite changed. They also protested, first, against the send- 
ing of propositions without a previous treaty, which they 
earnestly pressed, as the likeliest course for removing all 
mistakes, and bringing things to a final settlement; and 
therefore they insisted on their former desires for a personal 
treaty in or about London. Next, they excepted against the 
bills, both because the covenant was quite omitted, and the 
settling of the uniformity of religion was turned to a desire 
for a vast toleration. The treaties with Scotland were not 
desired to be confirmed, but only the making of them to be 
approved, which was rather an indemnity for making them 
than a confirmation of them. Next, they remonstrated, that 
the king's legislative power was quite taken away by an un- 
limited power they desired to be put in the hands of the two 
houses, and that their demand about the militia did put the 
king out of a capacity of protecting his subjects. In fine, 
they complained of the making propositions without the con- 
currence of the Scottish commissioners ; wherefore they re- 
monstrated against the bill, and resolved to follow the com- 
missioners, whom the two houses were to send to Wight, and 
protest against these bills : upon which divers papers passed 
betwixt the two houses and them. 
129 The earls of Lowdon, Lauderdale, and Lanerick wrote their 
sense of these bills to his majesty thus : 

May it please your Majesty, 

It is of no advantage to expostulate about what is past, either the 
carrying your majesty into that sad place, or the prejudice your ser- 
vice and we suffer by your majesty's message ; for while you study 
to satisfy all, you satisfy no interest. 

We shall insist on the grounds we went on at Hampton- Court, 
and shall constantly press a personal treaty at London : but not as 
the new propositions do hold forth, which if your majesty agrees to, 



416 The king is satisfied with the commissioners' 1 protest. V. 129. 

you divest yourself and your posterity of the militia for ever ; you 
settle this army (and entertainment for it) over yourself and your 
majesty's people perpetually ; and by giving leave to adjournment, 
you and your parliament shall be carried about at the army's plea- 
sure, as their sub-committee. If your majesty will further enable 
us, we shall by our actions give more real testimonies how entirely 

we are 

Your majesty's most humble, 

most faithful, and most loyal 

subjects and servants, 
7 zth November, 1647. Lowdon, Lauderdale, Lanerick. 

130 With this, Lanerick sent to his majesty the papers they 328 
gave in against the bills, and the other late votes ; upon which 
the king wrote the following letter : 

Lanerick, 
Albeit that letters can ill dispute at this distance, yet I cannot but 
tell you that many things may be fitly offered to obtain a treaty 
that may be altered when one comes to treat ; and there is a great 
difference betwixt what I will insist on and what I will permit for the 
obtaining of a peace. Likewise it is necessary in many respects 
that I should seek to satisfy (as far as I can with conscience and 
honour) all chief interests. All these things impartially and duly 
considered, I will boldly say, my message will not be found much 
amiss ; which recommending to your better consideration, I must 
now desire you to give hearty thanks in my name to your fellow- 
commissioners (of which though you take a large share to yourself, 
they will not want) for their paper of the 17th of this month, which 
was sent to the two houses : for seriously it is as full to my sense as 
if I had penned it myself. And let me tell you, that it will turn to 
the greatest honour (I say no more) that ever befell you ; wherefore 
I conjure you, by all that is dear to wise or honest men, that you 
adhere close and constantly to it ; and, as the song says, / ask no 
more. So I rest 

Carisbrook, Your most assured, faithful, real friend, 

agth November, 1647. Charles R. 

131 To which, with another of that date which his majesty 
wrote to the three lords, which is not in the writer's hands, 
they wrote the following answers : 

Sir, 
In answer to your majesty's of the 29th of November we shall 



— 132. They write again to his majesty. (1647.) 417 

first humbly acknowledge your favour, by conferring so great a trust 
on us, and do engage ourselves to the exactest secrecy. As for a 
personal treaty, we are resolved still to insist on it, and that Lon- 
don may be the place : but as to your coming hither in person, your 
majesty not having signified to us your resolution of declaring or 
concealing your being here, or upon what assurance of safety you 
can do either as affairs now stand, we dare not presume to give a 
positive advice herein ; but leave it to God's direction, and your 
wisdom, though we wish from our souls you were out of those 
hands you are now again in. And albeit we can no ways join with 
your majesty's message, yet whatever success our endeavours for a 
personal treaty shall have, or what place soever your majesty puts 
yourself into, you may be confident that you shall still have the 
reallest assurance and faithfullest services of 

Your majesty's most humble, most faithful, 

and most loyal subjects and servants, 
xst Dec. 1647. Lowdon, Lauderdale, Lanerick. 

132 Sir, 329 

Just now we received your last of the 29th of November. The 
first of that date we answered by James Cunningham, and can now 
say no more as to your coming to London than we did by him : for 
though nothing is so much wished by us, as your being out of their 
power in whose hands you have put yourself, yet we know not in 
what safety your person could be here at London, considering the 
present temper of the two houses, the distempers of the army, and 
the irresolution of the city. But not knowing what grounds your 
majesty goes upon, we cannot judge of that design : yet since you 
are pleased to command us to offer our sense of a better if we ap- 
prove not of this, we shall presume to propose to your majesty your 
town of Berwick, as a place both of safety to your person, and of 
advantage for prosecuting your ends of peace, whether by a treaty, or 
otherwise of restoring yourself to your power, and your people to their 
former happiness. The prejudice of abandoning your kingdom of Eng- 
land (while your parliament is sitting) will thereby be evited : your 
friends, whether at home or abroad, will have free access unto you ; 
and if you shall think fit to make use of the affections of your Scottish 
subjects, you already know upon what terms you can engage them, 
either to restore you or fall with you. And as to the safety of your 
person, besides the affection of these northern places, (which is very 
great,) and the strength of the place itself, (which upon your arrival 
with a few of your English friends may be possessed by you,) Scot- 
land hath not only t 200 horse now together upon the borders, but 
Hamilton. e e 



418 The king writes to the Scottish commissioners, V. 132 — 

will be ready to employ their whole power for your personal preser- 
vation in case of danger. If your majesty approves of this motion, 
you will think upon the best, speediest, and safest way of executing 
it ; and either in this, or what else you command, we will constantly 
shew ourselves 

Your majesty's most humble, 
most faithful, and most loyal 

subjects and servants, 
Dec. 4. 1647. Lowdon, Lauderdale, Lanerick. 

133 On the 6th of December his majesty sent a new message 
to the two houses, with which he wrote to the Scottish com- 
missioners. 

As I heartily thank you for your freedom, thereby perceiving your 
hearty endeavours for my recovery ; for there are so many particulars, 
that I cannot at this time give you a positive answer, but shall within 
few days. In the mean time I earnestly desire you to use your ut- 
termost endeavours for procuring a personal treaty, which for the 
present will be the most acceptable service you can do to 

Your most assured, real, 

constant friend, 
Charles R. 

P. S. — I have sent you a copy of a new message (here enclosed) 33° 
to the two houses, not doubting but you will second it ; also desiring 
you speedily to advertise me of any resolution that shall be taken to 
my disadvantage by the houses : and of this I pray you be very 
watchful. 

134 The message being among the printed messages is not in- 
serted here, the reader being referred to that collection. The 
substance of it was, an expostulating that no return had been 
made to his last message, notwithstanding which his majesty^s 
constant tenderness to the welfare of his subjects, and the sad 
condition they were now driven to, did so far prevail upon him, 
that he vehemently pressed a personal treaty as the best 
means of peace : so that the blame of retarding so great a 
work must fall somewhere else than on his majesty, who, as he 
had already offered to divest himself of much of his authority, 
so he did not doubt, but if they met him with the same reso- 
lutions with which he would meet them, the kingdom should 
at last enjoy the blessings of a long- wished peace. 

*35 At this time the two houses were designing to make his 



— 136. who discover to him designs against his person. (1647.) 419 

majesty a close prisoner, of which the Scottish lords gave the 
king notice in the following letter : 

Sir, 
We are this day certainly informed that the committee appointed 
for your majesty's papers (whereof Mr. Lyle of the Isle of Wight 
hath the charge, and whereof Mr. Martin Scot and that cabal are 
members) have resolved that present order should be given for 
making your majesty a close prisoner, and to remove Ashburnham, 
Berkeley, and Leg from you, and commit them to close prison, with 
resolutions to proceed to extremities against your majesty's person. 
The knowledge of this came to us from Jack Denham : besides, 
a member of that committee this day assured my lady Carlisle, that 
within twenty-four hours your majesty would be a close prisoner. 
And to our certain knowledge there are debates amongst the emi- 
nent persons by one mean or other to destroy your majesty's person ; 
and consultations have been here and in the armies for this effect. 
Our information comes from some who were present at both: we 
could not be at quiet till we had advertised your majesty of this, nor 
can we propose any better remedy than we did express by Andrew 
Cole. If your majesty does not resolve and act speedily, we fear 
our endeavours to serve you will be too late, which would be the 
greatest affliction could come to 

Your majesty's most humble, 
most faithful, and most loyal 

subjects and servants, 
&th Decemb.\6tf. Lowdon, Lauderdale, Lanerick. 

P. S. — Jack Denham 's intelligence is from the clerk of the com- 
mittee. 

136 At this time the earl of Traquair came to wait on the king, 33 1 
and gave him great hopes of the fidelity of some of the most 
rigid of the church-party in Scotland. He was sent by his 
majesty to the Scottish commissioners with the following 
letters : 

The coming of Traquair hath much eased the pains which otherwise 
I must have taken in performance of that promise I made you in my 
last letter by And. Cole ; but I care not so much for the saving of 
my labour, as the inevitable loss of so much precious time which must 
have been spent had I written so long a discourse as that promise 
required : wherefore I have freely and fully imparted my mind to 
Traquair, as well concerning your propositions to me, as the making 

e e 2 



420 The commissioners write to the king, who V. 136 — 

of some from me to you. Having no more to say, but to desire 
you to give an entire belief, a willing ear, and a speedy answer to 
what he shall impart to you, I am 

Your most assured, real, 

Carisbrook, 8th Decemb. constant friend, 

1647. Charles R. 

Lanerick, 
Notwithstanding my joint letter, I think it most fit to write to you 
alone, to assure you that (if I have any judgment) Traquair is right 
set for my service ; wherefore in a most special way I recommend 
him to you, to whom referring you, I rest 

Your most assured, real, 
Carisbrook, December 8ih, faithful, constant friend, 

1647. Charles R. 

137 The message trusted to Traquair was, that as to matters 
of religion his majesty was unmovable ; but as for other things, 
wherein the honour or interest of Scotland might be concerned, 
he was ready to give them the greatest and fullest concessions 
that could be demanded : in answer to which the three com- 
missioners wrote what follows to his majesty : 

Sir, 
We have heard Traquair's relation, whom last night we had de- 
spatched to your majesty with our sense upon all the particulars ; but 
this morning he hath conceived his going at this time unfit, which 
forceth us upon this tedious way. And the receipt of your majesty's of 
the nth instant makes us the more earnestly beg that you would not 
suffer us longer to walk in the dark, but give us under your royal 
hand an assurance that you will perform what is contained in that 
paper concerning religion ; and withal insert what you have scraped 33 2 
out of the paper which we gave your majesty at Hampton- Court : 
and we shall oblige ourselves to endeavour that Scotland shall en- 
gage themselves for your restauration and civil interests, as was ex- 
pressed in those papers. Without this assistance we are absolutely 
unable to serve your majesty ; and although Doctor Goff shewed us 
your unwillingness to allow of that clause concerning the covenant, 
yet we should but abuse your majesty if we gave you the least hopes 
that Scotland would be engaged at an easier rate : therefore we 
again beseech your majesty to haste to us your clear and positive 
answer, lest we forfeit our trust with those that sent us hither, and 
you (which to us would be more bitter) perish by delays. Our infor- 
mations concerning the restraint intended to be put upon your majesty's 



— 138. commands them to attend him at the Isle of Wight. (1647.) 421 

person, and some of those with you, are still confirmed; therefore 
your majesty would speedily resolve to satisfy Scotland, and engage 
their power for your assistance. Concerning the duke of York, 
there is nothing we desire with more earnestness than to serve your 
majesty in what you would have done ; but being public ministers, 
we cannot be the actors of it without absolutely disabling us to do 
your majesty any other service ; and none else will engage in a 
matter of this nature upon any desire from us without a positive 
command from your majesty : therefore if you continue in that reso- 
lution, we conceive it fit you make choice of some such trusty person 
as your majesty would employ in acting of it, and that you write to 
him for that effect, without taking any notice of us at all in your 
letter to him. We pray the Lord to preserve and direct you, who 
are unchangeably 

Your majesty's most humble, 
most faithful, and most loyal 
13th December, subjects and servants, 

1647. Lowdon, Lauderdale, Lanerick. 

138 After this his majesty wrote these letters to the Scottish 
lords : 

Though no time hath been nor shall be lost for my going from 
hence ; yet, contrary to expectation, it will be ten days before the 
ship can be ready. And I confess that this had been too late, if 
the governor would have permitted forces in hither ; wherefore I 
am most confident that I shall not be surprised for time. And 
therefore I earnestly desire all you three (or at least one of you) to 
come hither without delay, for the full conclusion of all things betwixt 
us ; for upon second thoughts I judge it less dangerous to go to 
London than to any place else, except I were totally accorded with 
you. To conclude, if you will not counsel me to go to London, 
without being publicly invited, make haste hither, as you love his 
service who is 

Your most assured, real, 
Carisbrook, 1 tfh Decemb. constant friend, 

l6 47- Charles R. 

Time was never more precious to any than it is at present to me, $00 
and therefore I am glad to take occasion upon doctor Goff's long 
despatch (which I received yesternight after I had written to you) 
to return you by him such a draught of articles betwixt us, as your 
signing it will make your journey hither unnecessary : and I am to 
take what course you will propose in order to my safety. I am con- 



422 The queen writes to Lanericl, and V. 138 — 

fidetit the necessity of this accord in divers respects is so well 
known to you that all arguments are needless. Also I hope that 
the particulars are so well worded, that you will make no difficulty 
to pass them as they are : but if, contrary to my expectation, you 
should scruple at any expression, then necessarily all, or at least one 
of you, must come hither with all expedition. So, desiring you to 
believe what doctor Goff will say to you in my name, I rest 

Carisbrook, Your most assured, real, constant friend, 

15th Decemb. 1647. Charles R. 

139 With this last doctor Goff brought a full account of his 
majesty's thoughts : but the Scottish commissioners finding 
it impossible to adjust matters (which were of such import- 
ance) without waiting on his majesty, resolved to go to the 
Isle of Wight. 

140 And that their going might give less jealousy, they resolved 
to go after the commissioners whom the two houses were 
sending with the four bills, that they might protest against 
them. 

J 4i At this time the marquis of Huntley being in arms in 
Scotland, and not able to resist the forces that came against 
him, was taken prisoner ; which his majesty understanding, 
he expressed his concern for him in the following letter he 
wrote to Lanerick about him : 

Lanerick, 
Hearing that the marquis of Huntley is taken, and knowing the 
danger that he is in, I both strictly command you as a master, and 
earnestly desire you as a friend, that you will deal effectually with 
all those whom you may have any interest in, for the saving of his 
life. It were, I know, lost time to use arguments to you for this ; 
wherefore I judge these lines necessary to add to your power, 
though not to your willingness, to do this most acceptable service 
for 

Carisbrook, Your most assured, real, constant friend, 

ijth Decemb. 1647- CHARLES R. 

J 4 2 About this time the queen wrote to my lord Lanerick : 334 

Cousin, 
You will perceive by this that you cannot make more haste in 
obliging me than I shall on my part in witnessing my acknowledg- 
ments of it. I ascribe a great deal of the good inclinations your 



— 144- the Scottish commissioners go to his majesty. (1647.) ^£3 

commissioners do now express, to the good offices you do, of which 
I entreat the continuance. The testimonies of friendship which I 
receive from those of your family, surprise me less than what I meet 
with from other hands, and I promise myself to see further effects 
of it. And as I have all the esteem of you that you can expect, so 
you owe me the justice of believing, that I shall give evidence of it 
upon every occasion that shall be offered to me : nor shall I rest 
satisfied with that, but shall diligently search out every opportunity 
of expressing it. Therefore I entreat you to believe that I am, 

Cousin, 
Your very good and very 

affectionate friend and cousin, 

Henrietta Maria R. 

143 Towards the end of December the earls of Lowdon, Lau- 
derdale, and Lanerick followed the English commissioners to 
the Isle of Wight : and after they had protested against the 
bills, they concluded their treaty with his majesty, to engage 
for his rescue, and reestablishment on his throne, and to 
bring in an army into England, as soon as it were possible 
for that effect. The king, on the other hand, engaged to them 
for all the assistance they could demand from the queen or 
prince, or any other who would obey his authority ; and that 
the prince should come to Scotland as soon as they found it 
convenient to invite him ; and that his majesty should grant 
all the desires of Scotland which with a good conscience he 
could grant. And the commissioners having advised and 
agreed with his majesty, both about the methods of carrying 
on their designs, and the ways of keeping correspondence 
with him, they resolved to return home to Scotland : and so 
they left his majesty at Wight in the end of the year. 

144 But upon the king's refusing to pass the bills, he was made 
close prisoner ; and a vote passed in both houses against all 
further addresses to him. 



VI. i— 



MEMOIRS 335 



OF THE 

LIFE AND ACTIONS 

OF 

JAMES DUKE OF HAMILTON 



BOOK VI. 

Of the duke's engagement for the hinges preservation, and what 
followed till his death. 

Anno 1648. 

JL HE former book has given the reader a just and full repre- 
sentation of his majesty's imprisonment, and the danger his 
person was in ; of the force put on the two houses by the 
army, and of the breach of former treaties with the Scottish 
nation : and now it cannot but be imagined that such illegal 
and unjust proceedings must have inflamed the resentments 
of all good subjects, and more signally of such who had for- 
merly been carried away in the crowd to act against the king's 
interests, but now, seeing how fatal the breach between the 
king and his people was likely to prove to both, were much 
concerned to correct all former errors, and expiate all past 
faults by a vigorous appearance for the king's rescue out of 
his imprisonment. In order to this design the duke was not 
idle in Scotland, but by all the art and diligence he was 
master of, did study to rouse up and work upon the fidelity 
and loyalty of that nation ; representing, that now an occa- 
sion was in their hands to witness to the world the sincerity 
of their intentions for their king, when he was under so base 
a restraint, and designs were hatching against his life. Would 



-3. Three parties in Scotland. (1648.) 425 

they now look on and see the king murdered, the parliament 
of England overawed, the city of London oppressed, the 
whole English nation enslaved, the treaties with Scotland so 336 
unworthily violated, the covenant and religion so neglected, 
and swarms of sectaries overrun all ? Now or never was the 
time for declaring themselves ; and if duty did not move 
them, yet the apprehension of their own danger might pro- 
voke them to look to themselves ; for did they think to escape 
the fury of the sectaries, if they were so tame as to suffer 
them to prevail in England? Therefore all laws, divine and 
human, did oblige them to look to themselves, and to those 
enemies of theirs. And there was good reason to hope for 
success, since besides the blessing of God, which might be 
expected upon so just and noble enterprises, the people of 
England were groaning under this usurpation, and would be 
ready to assist them : and they had reason to expect a wel- 
come from the city of London and the better part of the 
two houses. These things did prevail much on the most of 
the nobility and gentry. 

2 But at this time three parties begun to appear in Scotland. 
The one was of those who would hear of no proposition for 
the king's delivery, unless he first gave satisfaction in matters 
of religion : and this was made up of the preachers, and a few 
of the nobility, and the western counties. Others were for 
a direct owning of the king's quarrel without any restrictions ; 
and for taking all persons who had been in arms for the 
king's service within it. The earls of Traquair and Calendar 
were the chief of these, and many noblemen were of it, who 
called themselves the king's party : but their power in the 
country was not great. The duke was as much for that in his 
thoughts as any of them, but saw it impossible to effectuate 
the king's business at that rate ; and therefore judged it best 
to go on in so great a design by degrees. 

3 The present strait was that he first looked to, which was 
the rescue of the king's person ; and he doubted not, if they 
once got a good army engaged upon that account, though all 
were at first clogged with many severe restrictions, yet it 
would be easy afterwards to carry things that were not to be 
then spoken of: and this way took with almost the whole 
gentry of Scotland. 



426 Correspondence between the king and the commissioners. VI. 3 — 

4 The Scottish commissioners spent much of the month of 
January at London, establishing a good correspondence with 
the king's friends in England: and they had letters from 
St. German's in France, in which the queen and prince un- 
dertook to make good to them all that had been promised by 
the king in their name. And in the commissions the prince 
gave to sir Marmaduke Langdale and others, for levying of 
forces in the north of England, he commanded them to re- 
ceive their orders from the earls of Lauderdale and Lanerick, 
and follow their commands. Thus having laid down the best 
methods they could think of with their friends in England, 
they set out for Scotland about the end of January. 

5 At their coming to Scotland they found a general dissatis- 
faction with the king's message (in November) about religion. 
And though all the duke's friends were ready to have hazarded 
their lives for his majesty's preservation, on these or on easier 
terms, yet it was long debated amongst them, what the con- 
sequences might be of engaging in so great a work, not only 
without unanimity, but with the opposition of the church, and 
most of those who had been of greatest eminence and power 
during the late troubles. Wherefore they resolved to give 33 J 
very extraordinary compliances to their desires, whereby they 
might either gain their concurrence, or at least mitigate their 
opposition, and determined to go a greater length than other- 
wise their loyalties could allow of. But the churchmen, by 
the insinuations of Mr. Gillespie and others, were possessed 
with an opinion of their bad intentions, and that their resolu- 
tions (if they were blessed with success) were to overturn all 
that had been formerly established : and so they resolved not 

to be satisfied with any security or proviso they might grant, 
believing that nothing they offered was really meant to be 
kept, and that all they intended was but cajolery ; therefore 
they determined to oppose them with their utmost zeal and 
industry. 

6 A few days after the three lords returned to Scotland the 
following letter came to them from his majesty : 

Upon Saturday I received yours of the twenty-fourth of January, 
and have written to Lee as you desired. Let no reports of any per- 
sonal threatening against me stagger your confidence of my con- 
stancy, nor hinder Scotland in what shall be best for kingly au- 



— 8. Lowdon falls off to the church-party. (1648.) 427 

thority : lose no time in your great and honest designs for him 
who is 

Monday Your most assured, real, constant friend, 

Jth February, 1648. Charles R. 

P. S. — I resolve within these two or three days to write to you by 
a trusty messenger, however I hope not to fail by these ways you 
mention. 

7 To which they returned the following answer : 

May it please your Majesty, 
This day we received your majesty's of the 7th instant : your 
letter to Lee we hope may be useful. Our resolution to serve your 
majesty cannot be shaken, with which we will go through or perish. 
The clergy cannot be satisfied with what your majesty offers in re- 
ligion, for the reason expressed in our last of the 1 5th, yet we hope 
to engage them in the work. We wish your majesty could further 
enable us in that particular, as the only mean to procure unanimity. 
In the mean time we will set up our rest on the procuring a speedy 
engagement, though without that we cannot do it so much to your 
majesty's advantage. Sir Marmaduke Langdale is come hither, and 
our first care shall be to secure Berwick and Carlisle, which ere this 
we had done, if our forces had not been at too great a distance 
scattered in their quarters. They have now orders in private to 
draw together, and we intend to act and speak both at a time. 

P. S. — We want arms and ammunition exceedingly, and do 338 
earnestly desire the queen may be pleased to endeavour the supply- 
ing us from France and Holland speedily. 

8 The lord-chancellor (though at first the most forward of 
them all for an engagement, yet) was quickly wrought upon 
to abandon his generous resolutions; and not only turned 
over to the violent church-party, but some months after was 
made do penance by a solemn acknowledgment in the high- 
church of Edinburgh, for his sinful compliance with these un- 
lawful courses, as they were termed. Traquair played his old 
game a great while with both hands, and studied to make a 
reconciliation with some lords of the church-party, if by any 
means they could have been engaged in the design : and Mr. 
Murray of the bedchamber, who was sent to Scotland from 
France, treated also long with the heads of the church-party, 
whom he thought more powerful in the country, and so more 



428 The parliament meet in Scotland, VI. 8 — 

able to deliver the king ; but finding them so backward, with- 
out positive concessions about religion and the covenant, he 
and the rest of these called the king's party were forced to 
unite with the duke and his friends. 

9 The first thing was to engage all the officers of the little 
army then standing, which was carried very successfully ; and 
their next care was to fix on one to command. Those who 
united for engaging in the king's quarrel, designed that David 
Lesley, now lord Newark, should command the army to be 
raised ; and he at first undertook the service very cordially : 
but some of the churchmen fell upon him very furiously, and 
prevailed so far on others who had a great ascendant over 
him, that he, being of an easy nature, struck off, and refused 
the service. Whereupon finding it necessary that a person of 
eminence and integrity should command the army, they re- 
solved on making the duke general, which he opposed to a 
high degree ; saying, that he was resolved to hazard his life 
with the first, yet he would decline all command, knowing 
with what calumnies he had been aspersed, and what jea- 
lousies many had still of him, as if his designs were for him- 
self, and to the king's prejudice. And many yet alive, with 
whom he lived in the greatest confidence, know with what 
earnestness he pressed them to set their eye on some other 
person; but there were none to choose fit for the trust, 
wherefore it was agreed by them all that the charge must be 
laid on him, to which he submitted with great aversion. 

io In the beginning of March the parliament sat. Their first 
trouble was from the remonstrance, which the commission of 
the kirk sent them against association with malignants, and 
of the danger religion was in ; which paper they intended to 
have printed, but with much difficulty this was stopped. 

ii There were commissioners sent down from the two houses 
(with whom Mr. Stephen Marshal came) for justifying their 
proceedings, and keeping a good correspondence with the 
Scottish nation: and notwithstanding all the injuries done 
by them last year, yet some of the clergy, and of the lords of 
their party, were in a very good understanding with them. 
But first of all the carriage of the Scottish commissioners in 
England was approved in parliament ; next, there was a com- 339 
mittee of eighteen appointed for preparing business, and to 



-14- and find great opposition from the ministers. (1648.) 429 

confer with the commissioners of the kirk, for giving them 
satisfaction ; which was a long and slow work. 

12 On the 14th of March the English commissioners com- 
plained that they heard there were designs among some 
malignants to seize Berwick, which they desired these in 
Scotland would oppose; whereupon the parliament referred 
it to the committee of eighteen to see to the security of the 
kingdom in that affair, from which all the members, who were 
of the church-party, dissented: and against this vote the 
commissioners of the kirk sent in another remonstrance, be- 
cause they knew that committee was so chosen that they 
would send orders for the securing of Berwick. 

13 On the 2 2d of March the committee of the general assem- 
bly, commonly called the commission of the kirk, gave in their 
large paper consisting of a long preamble and eight articles : 

The first was, that before they went on to a war, the grounds and 
causes of it might be well cleared. Secondly, that the alleged 
breaches of the covenant and treaties might be condescended upon, 
and reparation of them first sought. Thirdly, that there might be 
no such grounds of war, as might break the union of the two king- 
doms, and disoblige the presbyterians of England. Fourthly, that 
none of the disaffected or malignant party might be admitted to 
trust, but on the contrary, that they should be opposed and sup- 
pressed. Fifthly, that the king's late concessions might be declared 
unsatisfactory. Sixthly, that they should engage not to restore his 
majesty to the exercise of his royal power, till he should by oath 
bind himself and his successors to consent to acts of parliament for 
confirming the league and covenant, and settling presbytery, the 
directory, and the confession of faith. Seventhly, that none might 
be trusted, but such as were of known integrity and good affection 
to the cause. Eighthly, that the church might have the same in- 
terest in carrying on this engagement which they had in the solemn 
league and covenant. 

14 These demands run in so high a strain, that those of the 
church-party judged either they would be rejected, and so 
the church would pretend somewhat for their breaking with 
the parliament ; or if they were yielded to, it would so 
alienate the hearts of the king and all his friends in England 
from them, that they would hate them as much as they did 
the English parliament or army. The committee of parlia- 



430 The king's letter to his servants in Scotland, VI. 14 — 

ment found the strait they were in, and saw what an un- 
happy practice it had been to give the churchmen so great 
an interest in civil affairs. Some were for brisker courses, 
and for clapping up in prison all the more turbulent ministers ; 
but the duke apprehended great trouble from that, fearing it 
should raise stirs among the people, which might retard the 
design of the king's delivery, upon which all his thoughts were 
bent. 

15 The hazard of intercepting letters made the intercourse by 
them so slow, that the lords that corresponded with his ma- 
jesty had no return from him before the beginning of April ; 
and then they got that which follows : 

I was as glad to see the constancy of your resolutions as I was sorry 340 
to understand the great opposition you find in your undertakings. 
But as for any enlargement concerning church affairs, I desire you 
not to expect it from me, for such expectations have been a great 
cause of this my present condition, which, I assure you, I am still 
resolved rather to suffer than to wrong my conscience or honour ; 
which I must do, if I enlarge myself any thing in those points. But 
I take very well the freedom of your advice, because I see it flows 
from your affection, being also confident that you will cheerfully and 
resolutely go on according to your engagements to me, who am 
Your most assured, real, constant friend, 

17/A March, 1648. Charles R. 

16 And to this the earls of Lauderdale and Lanerick wrote the 
following answers : 

Sir, 
We have received your majesty's of the 17th of March. Nothing 
but the cruel slowness of proceedings here would have made us so 
long silent, and that was occasioned by the great opposition we have 
met with from the ministers, and the rigid persons, who strongly 
pretend your majesty's not satisfying in matters of religion : and 
upon these grounds have gained upon many, and obstructed any 
engagement. Yet we, and those we have interest in, are so sensi- 
ble of our duties, our honour, and of your majesty's sad condition, 
(which goes nearer our hearts than any earthly thing,) that although 
an engagement upon the terms we parted on be impossible, yet we 
shall either procure Scotland's undertaking for your majesty's per- 
son, or perish, let the hazard or opposition be what it can. We can 
boldly say we have the major vote of the parliament clear, and if we 



— 18. which is ansivered by Lauderdale and LanericJc. (1648.) 431 

were blest with your majesty's presence the work were done. "We 
dare not presume in this troublesome way to express the particulars 
of our difficulties or resolution, but hope shortly to give a more satis- 
factory account, having vowed to live and die 

Your majesty's most humble, 

most faithful, and most loyal 

subjects and servants, 
226? March, 1648. Lauderdale, Lanerick. 

17 Lanerick also wrote what follows, taken from an imperfect 
copy under his hand : 

Sir, 341 

I have been long silent, and possibly should have been so a little 
longer, had I not received your majesty's of the 17th of the last 
month ; but lest I be involved in other men's guilt, I must first speak 
and then perish, or do my duty. Sir, at our first returning to Scot- 
land, we met with a general dissatisfaction with what you offered 
concerning religion from the ministers and their party ; though all I 
have interest in would have cheerfully hazarded their lives for your 
majesty's preservation upon these or easier terms : but after long 
debate upon the consequences of engaging in so great a work, not 
only without unanimity, but with the opposition of the church, and 
most of those who have been of greatest eminence and power during 
these late troubles, this moved us to a willingness for a very extra- 
ordinary compliance with their desires, providing we might be assured 
of an engagement. But now when we have gone a greater length 
than even our loyalty can allow us, we find that nothing is intended 
by them, but either a conjunction with those that seek your ruin, or 
at least a dull and stupid suffering and enduring of those destructive 
resolutions to religion and government, which are now designed by 
the enemies of God and your majesty. 

18 After this there was a new committee of twenty-four chosen 
by the parliament for a conference with the twelve commis- 
sioners of the kirk, who had many meetings with them, and 
gave them satisfaction to all their demands, so that all back- 
doors were shut, and they were ashamed that they had asked 
no more ; wherefore, being driven from all their pretences, 
they fled to the last starting-hole of jealousy, and said that 
their designs were contrary to their professions. This was a 
tedious affair, and cost many conferences. In end, great offers 
were made to satisfy the church-party, but nothing did pre- 



432 Letters of LanericJc to the king. VI. 18 — 

vail; whereupon the committee drew up a large declaration 
of all the violations of the covenant and treaties made by the 
two houses, together with an account of their own intentions, 
suitable to the propositions made by the ministers ; only they 
stood much upon the sixth article, that seemed most contrary 
to their duty to their sovereign, and it took them up many 
days ; at length they yielded even to that : but for this the 
reader is referred to the declaration printed with the acts of 
that parliament. 

19 On the 25th of April the great business was carried of put- 
ting the kingdom into a posture of defence ; but the account 
of the procedure of the parliament in this matter shall be set 
down from some of the earl of Lanerick's letters, which the 
writer chooses rather to insert than any discourse of his own. 
The first was written to a friend at London, but to whom it 
appears not. 

20 I had given you an account of the condition of affairs here long 
ere now, had I known how to have addressed my letters ; and how- 
ever this be an uncertain way, yet because possibly it may come to 
your hands, first, I shall acknowledge the receipt of yours the of 
the last month, which I have in part obeyed, and to that end have 
written to Ireland, to those I have interest in ; and I am confident 
that our army there will follow our advice in order to the king's 
service : but our difficulties here are greater than you can imagine ; 
for the same disloyal spirit that hath governed these years past is 
yet so powerful as to obstruct, though I hope they shall not be able 
to destroy, our designs of serving the king ; and the same instruments 
the devil hath hitherto made use of are still the rigid opposers of all 342 
dutiful motions. Many amongst us pretend to loyalty, but have such 
faint hearts, and love their fortunes so well, that they dare not act where 
there is danger : others have both courage and affection, but their 
ambition will not allow them to act if they be not absolute ; and they 
have no power of themselves, without a conjunction with some of 
greater eminence than themselves. Thus while we are tearing ourselves 

in pieces through factions and self-interests, perit Saguntum, our king 
is forgot ; and may God forget them that do so ! But though the 
chancellor hath made a foul defection, and these that pretend affection 
to the king are not so united as they ought to be ; yet I despair not 
but that with God's assistance, in despite of all opposition, we will 
force an engagement or perish. I cannot descend to the particulars, 



— 2i. Letters written by Lanerick. (1646.) 433 

only this I will assure you, that all you have interest in are entirely 
right and resolute. Adieu. 

21 The next of Lanerick's letters that are in the writers hands 
was to his majesty, dated the 13th of April, 1648. 

Our last was of the fourth of this month, to be conveyed to you by 
doctor Frazer. In it we did shew you in general, what extraordinary 
opposition we met with here in our desires to serve you, but some of 
them we are now got over : for to-morrow it will be resolved that 
the kingdom shall be presently put in a posture, and the whole forces, 
or such parts of them as shall be appointed, are to be ordered to be 
ready to march when they shall be required ; and while this is doing, 
we have voted the sending of three demands to the parliament of 
England, having found all the articles of the covenant, and divers of 
the treaties, highly violated. The first is concerning religion, wherein 
we are very high and full, knowing it will be refused, and we thereby 
obliged to resent it : besides, our design is rather to fix the denial 
thereof on them than on your majesty. The second is, that your 
majesty may come to some of your houses in or near London, with 
honour, freedom, and safety, where the parliaments of both kingdoms 
may make their applications to your majesty for obtaining a well- 
grounded peace. The third is, that the present army under the lord 
Fairfax be disbanded, to the end that all the faithful members of 
both houses may with safety return to attend their charges, the par- 
liament may sit and vote in freedom, both kingdoms, without their 
interposition, may make their addresses to your majesty, and the 
settlement of religion and a common peace be no longer hindered 
nor obstructed. These demands are to be sent by a messenger, who 
is to have a few days limited him for his return. We are forced to 
move by these steps, which certainly will either speedily procure your 
majesty's freedom or an engagement. Our opposition from the min- 
isters doth still continue ; but many, formerly of their party, are 
ashamed of their unwillingness to all duties, and particularly Bal- 
merino, who is Lauderdale's convert. 

By the power of persuasion our army in Ireland hath offered their 
service to us, which may be of excellent use many ways. 

Thus, sir, you have the true condition of affairs : but as we pro- 
ceed, (which I confess is in a most horrid dull pace,) I shall still pre- 
sume to give you an account of it as a part of our dutyr 

Great endeavours are used by some, that we may again send our 
desires concerning religion to your majesty ; for their zeal will not 
allow them to hazard their lives for your person, who will (as they 

Hamilton. f f 



484 Letters written by Lanerich. VI. 21 — 

say) no sooner be at liberty, than you will destroy all that they have 
been doing (with the hazard and expense of so much blood and 343 
treasure) for religion. But this is as yet waved, and forced conces- 
sions (such as certainly those must be while your majesty is in prison) 
are alleged can bring but small security to religion. 

22 The next, of the 18th of April, was to a friend at London. 
I had resolved upon eternal silence, since I could not but be 

wrapped in the guilt of others for their disloyal delays, nor should 
the receipt of yours of the 1 oth instant have invited me to have broke 
that resolution, had not this day's proceedings in parliament revived 
my languishing hopes. I shall not mention any thing of my last 
despatch upon Friday by Fisher ; but this day we have passed in 
parliament the great act of putting this kingdom into a posture of 
defence, under pretence whereof we mean to raise our army : the 
colonels and committees of war in several counties are to be named 
on Friday next. Besides this, we have presented to the parliament 
a large declaration to be emitted to the kingdom, containing the 
breaches of covenant and treaties, the demands which upon them we 
mean to make to the houses, and our resolutions in case of a refusal. 
I confess it is clogged with many impertinences, to which we are 
necessitated for satisfying nice consciences ; yet it drives at a right 
end. Argyle and the ministers are still uncapable of satisfaction, 
and with horrid violence oppose all loyal motions : and though the 
chancellor hath entirely deserted us, and not only joined with them, 
but endeavours by all means imaginable to divide us among ourselves, 
yet we are both fixed to our principles and friendships, so that in 
despite both of apostasy and knavery we carry on the work. I con- 
fess it is ueither in so quick nor so prudent a way as is fit, and 
that we have already lost our greatest advantages ; yet we can never 
move so late, but that we will make ourselves considerable. We hear 
there are strong endeavours to separate his majesty from our in- 
terests : I confess we deserve no better from him, yet possibly he 
may find it not unfit to own us, even though we do not him as we 
ought. This, I swear, I urge more out of my duty to him than kind- 
ness to ourselves. 

23 The next was of the 24th of April, 1648. 

Since my last to you I have received yours of the 18th and 22nd 
of the last month. We have made an indifferent good progress in 
our parliament here, for we have stated all the breaches of covenant 
and treaties : we have resolved upon some demands to be sent to the 
houses of parliament, for religion, for his majesty, and for disbanding 



• — 24 Letters written by Lanerick. (1648.) 435 

of the present army of sectaries ; and we have pressed a declaration 
containing the grounds of our resolutions. In order to all these, we 
likewise voted the present putting of this kingdom into a posture of 
war, and this week we are to nominate and make choice of all the 
officers of our army. The church doth still violently oppose us, and 
threatens us with cross declarations, if not the extremity of church- 
censures. Argyle and his party maintain them in their obstinacy, 
or rather they do him in his disloyalty : but neither the fear of their 
curses nor want of their prayers can fright us from our duty, so 
soon as we are ready to act, which possibly may be sooner than you 
imagine. 
2 4 The next was the 28th of April, to his majesty. 

My last to you was of the 13 th of this month, by the conveyance of 344 
doctor Frazer. Since that time we have perfected what was then 
designed ; for we have made choice of all the officers of our forces, 
wherein we have been forced to spend much time ; and the next 
week we intend to model our army for England, which we hope shall 
be upon the borders against the 21st of the next month ; which is 
the time limited for the return of our messenger from London, who 
this day parts from hence with the three demands to the houses of 
parliament, whereof my last made mention, and with a positive com- 
mand to stay only fifteen days for his answer. We intend likewise 
in the beginning of the next week to despatch sir William Fleming to 
the queen and prince, to give them an account of our proceedings, 
and to know his highness's resolution concerning his coming hither, 
and to desire the present sending of arms and ammunition to us, 
whereof we are absolutely unprovided; so that if the queen or prince 
of Orange (to whom we beg your majesty would write) do not supply 
us, it will infinitely retard the service. We have passed a declaration, 
which is full of many rude restrictions both in order to your majesty 
and your faithful servants. 

But we are forced to them for the satisfaction of the nice con- 
sciences of the clergy and their proselytes, whom we find still so in- 
flexible, that nothing can persuade them to a conjunction with us in 
the work ; on the contrary, we meet with all imaginable opposition 
from them : yet as we have carried the declaration, and all that is yet 
done, against their strongest endeavours, so we hope, in despite of 
them, to be instruments in accomplishing the chief end it drives at, 
which is your majesty's rest and restauration. Our next will certainly 
bring you the knowledge of some acting in order to that which we 
dare not hazard to this cipher, lest there may be more copies of it 
than what we have with your majesty. 

F f i 



436 Jealousies of the Scottish proceedings. VI. 24 — 

The slowness of their motions in Scotland begun to give 
great jealousies of their proceedings every where. 

25 At Paris, the prince was much courted to go to Ireland, 
but he resolved rather to go to Scotland, and designed to go first 
to Holland. Yet there were some about him who studied to 
give him ill impressions of all that passed in Scotland, ground- 
ing them on the old calumnies that had been cast on the 
duke, and on the slowness of their procedure at that time in 
Scotland, together with the extraordinary cajolery they gave 
the church-party : all which were made use of for alienating 
his highness from that resolution. But he resolved to obey the 
king's commands, and sent them new assurances of that by 
sir William Fleming ; and to oblige the duke the more, a 
book being dedicated to his highness, containing some pas- 
sages much to the duke's dishonour, he refused to accept of 
it, and ordered it to be called in. 

26 While things were thus preparing in Scotland, his majesty 
in the Isle of Wight was contriving an escape, being resolved 
if it succeeded to have come to Scotland ; but the means 
failed oftener than once, which being discovered made his 
prison the straiter. He was also courted underhand with 
new propositions from the parliament of England, but refused 
to enter into any treaty without the concurrence of the Scot- 
tish nation. Yet it troubled him much to hear no more of 
the progress of their designs, on which all his hopes were then 
set ; for in that disorderly time, it was not easy to transmit 
frequent and clear accounts of all that passed. At length 345 
having understood from Scotland what advance was made in 
that affair, he was satisfied with the fidelity of those he had 
employed there. 

27 At London there went various constructions on the Scottish 
actions. The commissioners of the two houses that were at 
Edinburgh wrote up, that the church-party would undoubt- 
edly keep the duke and his party in play at least that year, 
and that the zeal of the ministers would make the levies go 
slowly on ; they either believing this themselves, or at least 
designing that others should do so. At this time there was 
a great inclination all over England to shake off the army's 
arbitrary yoke ; stirs were rising in every place. The duke 
with his other friends in Scotland dealt earnestly with their 



— 28. Great disorders in England. (1648.) 437 

correspondents in England, to get all kept quiet till they were 
ready to march, that so there might be an universal rising at 
once, which would have undoubtedly divided the army that 
was against them into so many fractions, as might make way 
for their easier overthrow. This design was zealously pro- 
moted by many, who saw the great advantage it might pro- 
duce ; but many were too jealous of the Scottish designs, and 
so did precipitate their own ruin. Others apprehended from 
their declarations that the bondage would be the same, only 
the masters changed if they prevailed; and this made the 
king's party resolve rather to perish than receive any help 
from the Scots on these terms. Their slowness made others 
despair of their sincerity, and the reports of the power of the 
church-party made all suspect their strength : so the un- 
timely rising in England was the ruin of this year's design, 
for they rose only to be destroyed, and to animate the army 
with those many victories they obtained over them. And as 
these defeats did much discourage the Scottish army, so it 
forced them to march into England before they were ready, 
and ere they had looked well to the security of affairs behind 
them. The first rising was by Poyer in Wales, to whom 
Langhorn came within a little, and commanded most of the 
country. 
28 At Westminster, as they understood the state of the 
Scottish affairs better than the rabble did, so they did more 
apprehend the danger of it. And first, great pains were 
taken to reconcile the Presbyterian and Independent parties, 
at least to unite them against the Scots ; wherefore they 
voted, that the government should be by king, lords, and 
commons : yet the Independents opposed this, so that it was 
carried but by forty-five voices. They also appointed that 
the propositions offered at Newcastle should be the grounds 
of settling the kingdom, and they voted that it should be law- 
ful, notwithstanding the vote of non-addresses, to make new 
applications to his majesty. Their design in this was visible, 
for they hoped the Scots could not pass from these proposi- 
tions, and they were assured the king would never consent to 
them, particularly to that of religion, which was so dear to 
Scotland. But Cromwell was not at all pleased with these 
votes, and as little with the city : and if the stirs over Eng- 



438 Letters to the queen and prince VI. 28 — 

land had not given him other employment, he would have 
made a journey to London with his army for the purging the 
house anew. 
20 They in Scotland were much straitened with want of am- 
munition and money, therefore they sent sir William Bel- 
landin to Holland, to see what could be had from the prince 
of Orange : they likewise sent sir William Fleeming to Paris, 346 
to the queen and prince, with the following letters : 

May it please your Majesty, 
All verbal assurances would justly appear too low and mean testi- 
monies of our fidelity, since actions are now the only touchstones of 
loyalty ; which we hope ere long shall be better than what we can 
in this common way speak of our real affections to his majesty's 
service. 

We have presumed, from the encouragements we have received 
from your majesty, to hope the prince's highness will countenance 
our endeavours for his father's rescue with his presence amongst us, 
which would certainly give an extraordinary vigour and life to all 
our motions. For that end, we have instructed this worthy bearer 
with our humble desires therein to your majesty, and to his high- 
ness, and with such other particulars as are necessary for enabling 
us to carry on the work ; to whom we beg your majesty would be 
pleased to give trust, and further to believe that nothing was ever 
more absolutely fixed than are our resolutions either to perish or 
eminently to shew ourselves 

Your majesty's most humble, 

most faithful, and most obedient 

subjects and servants, 
Hamilton, Crawford, Roxburgh, 
May 1^,1648. Lauderdale, Lanerick, Calender. 

May it please your Highness, 
30 The deep sense we have of his majesty's sad condition invites us 
to these actions of duty and loyalty, to which we are by so many 
relations and ties bound and obliged ; and having divers encourage- 
ments from his majesty and from the queen to hope for your high- 
ness's presence amongst us, in countenancing our faithful endeavours 
for his majesty's rescue, we have presumed humbly to address our- 
selves to your highness, that from yourself we might know your own 
inclinations, that accordingly such public assurances and invitations 
may come from hence as your highness shall think fit to require ; 



— 3 3- by the duke and his friends. (1648.) 439 

being confident that before we can receive your highness's directions 
herein we shall be in some condition to evidence our loyalties other- 
wise than by words. So, until we give a more real testimony thereof, 
we shall only beg to be esteemed of by your highness as persons 
that have vowed themselves to this service, and who are faithfully 
Your highness's most humble, 

most faithful, and most 

obedient servants, 
Hamilton, Crawford, Roxburgh, 
May 1st, 1648. Lauderdale, Lanerick, Calender. 

31 Next they modelled the army, which will better appear by 
the following letters to the king : 

Sir, 347 

You now find the effects of what my last of the 28th of April 
promised : we are now engaged, and sir Marmaduke Langdale's suc- 
cessful attempt upon Berwick and Carlisle will be resolutely seconded 
by your servants here. To-morrow sir William Fleeming and Mr. 
Murray part for France ; the last acknowledges the baseness of his 
new friend Argyle. We hope the prince will now countenance with 
his presence our endeavours for your majesty's rescue, since the duke 
of York is escaped, for he will give an extraordinary life and vigour 
to all our motions. The kirk hath this day declared against our 
declaration and engagement ; but all it hath procured is a vote of 
thirty thousand foot, and near six thousand horse, which is this day 
remitted to the consideration of the several bodies, and I hope will 
pass the house to-morrow. 
2d May, 1648. 

33 Since my last we are far advanced in our designs of serving your 
majesty; our new army is modelled, which I hope will be more con- 
siderable than any army that ever went out of Scotland ; the old 
general hath laid down his charge, and the duke of Hamilton is to 
command in chief, who joys to meet with so happy an occasion to 
vindicate his loyalty. He will be found active in his trust, and se- 
conded by the most gallant and eminent persons of the kingdom ; 
his election was carried very unanimously in parliament, Argyle and 
only six with him dissenting. Calender, with the same unanimity 
and the same opposition, is chosen lieutenant-general, and David 
Lesley lieutenant-general of the horse ; but he hath not as yet 
accepted of his charge. Middleton is appointed major-general of 
the horse, who is most eminent for his loyalty and forward in this 
service. Our army will be on foot about the end of the month, and 



440 The levies are much retarded hy the ministers. VI. 32— 

that the raising of men may the more actively be gone about, we 
have adjourned the parliament till the first of June. We have sent 
commissioners with instructions and money to invite our army in 
Ireland to come and join with us in this service. Our opposition 
from Argyle and the ministers is still as great as they can make : we 
are undone for want of arms and a little money ; if we be not sup- 
plied from France or Holland, this glorious and most hopeful under- 
taking that ever this nation had, may be in hazard to miscarry. Sir 
William Fleeming and Mr. Murray went ten days ago for France, 
and this day we have despatched sir William Bellandin to Holland. 
We are much dejected because we have not heard from your majesty 
since the 17th of March, which makes us fear you involve us in the 
guilt of the by-past deadness and slowness of their motions here : 
but we take God to witness we are as free thereof as we shall be 
faithful to the vows we have made of perishing or of serving your 
majesty in such a loyal and dutiful way as hath been professed by 
i>jth May. Your majesty's &c. 

33 The differences that were among the lords were adjusted, 
and most of the officers were also well named ; yet the levies 
went on dully, though many of the lords were so cordial, that 
they who had allowance from the public but for eighty horse 348 
raised regiments of five or six troops on their own expenses. 
And though it is not to be imagined that the public expense 

of so great a design was not likewise great, yet there was a 
sad want of money ; which the duke and his brother did all 
they could to supply, as far as their credit could go, and 
raised above two and twenty thousand pounds sterling for pro- 
secuting of the engagement ; and were on all public occasions 
so liberal of their own money, as if some bank had been put 
into their hands. 

34 The curses the ministers thundered against all who joined 
in this engagement made the soldiers very heartless, being 
threatened with no less than damnation. This obliged the 
lords to use force in some places for carrying on their levies : 
and indeed the ministers counteracting the state was such, 
that it is hard to judge whether their boldness or the parlia- 
ment's patience was most to be wondered at. The lords -re- 
solved to chastise them to purpose in due time, but judged 
the present time improper for it ; and to carry on the levies 
the better, the parliament adjourned for three weeks. So the 



— 35- Letter of the parliament to the presbyteries. ( 1 648 .) 441 

lords went to the several places of their interests, leaving a 
committee behind them at Edinburgh ; but before their ad- 
journment they wrote the following letter to the presbyteries : 

35 The many scandals that are thrown on our actions by the favourers 
of sectaries, and haters of the person of our king and monarchical 
government, invite us to this extraordinary address to you, conjuring 
you, as you will answer the great God, whose servants you are, not 
to suffer yourselves to be possessed with unjust and undeserved pre- 
judices against us and our proceedings, who have (since our late 
meeting in parliament) preferred no earthly thing to religion, and 
the promoving all the ends of our covenant, and have constantly 
used all real endeavours to have carried on these duties to the satis- 
faction of the most tender consciences ; and especially by our great 
compliance with the many desires from the commissioners of the 
general assembly, we have proceeded to greater discoveries of our 
resolutions in the ways and means of managing of this present ser- 
vice, than possibly in prudence we ought to have done, having so 
near and active enemies to oppose us : neither can it with any truth 
or justice in any sort be alleged, that we have in the least measure 
wronged or violated the least privileges and liberties of the church, 
or taken upon us the determination or decision of any matters of faith 
or church -discipline, though we be unjustly charged with making an 
antecedent judgment in matters of religion, under pretence whereof 
great encroachments are made on our unquestioned rights ; for what 
can be more civil than to determine what civil duties we ought to pay 
to our king, or what civil power he ought to be possessed of ? and if 
we meet with obstructions and opposition in carrying on these 
duties, are not we the only judges thereof? is there any other 
authority in this kingdom but that of king and parliament, and 
what flows from them, that can pretend any authoritative power, in 
the choice of the instruments and managers of our public resolu- 
tions ? is it a subject for the dispute of church -judicatories whether 
his majesty have a negative voice or not ? These things certainly 
cannot be pretended to by any kirkman without a great usurpation 
over the civil magistrate, whereof we are confident the church of 
Scotland, or any judicatory thereof, will never be guilty, nor fall 
into the episcopal disease of meddling in civil affairs ; and if any 349 
have already in these particulars exceeded their bounds, we expect 
the ensuing general assembly will censure it accordingly, and prevent 
the vilifying and contemning the authority of parliament by any 
of their ministers, (either in or out of their pulpits,) who shall offer 



442 The parliament sends for the Scottish army in Ireland. VI. 35 — 

to stir up the subjects of this kingdom to disobey, or deny to give 
civil obedience to their laws, it being expressly prohibited by the 2 
and 5 acts of king James the Sixth his eighth parliament, anno 
1584, that none of his majesty's subjects, under pain of treason, 
impugn the authority of parliament. And therefore, seeing the 
cause is the same for which this kingdom hath done and suffered so 
much, and that we are resolved to proceed for the preservation and 
defence of religion before all worldly interest whatsoever, and to 
carry on sincerely, really, and constantly the covenant and all the 
ends of it, as you will find by our declaration herewith sent to you, 
we do confidently expect, that as the ministers of this kingdom have 
hitherto been most active and exemplary in furthering the former 
expeditions, so now you will continue in the same zeal to stir up 
the people, by your preaching and prayers, and all other ways in 
your calling, to a cheerful obedience to our orders, and engaging in 
the business ; that you will not give so great advantage to the ene- 
mies of presbyterial government, and bring so great a scandal on 
this church, as to oppose the authority of parliament, or obstruct 
their proceedings in their necessary duties, for the good of religion, 
honour and happiness of the king and his royal posterity, and the 
true peace of his dominions. 

Edinburgh, Signed by order of parliament, 

3/ay 11,1648. Alex. Gibsone, clerk-regist. 

3" The parliament having resolved to raise an army for the 
king's relief, found it expedient, for increasing the number and 
strength of their forces, to send to Ireland for a part of their 
Scottish army there; (which, as was told an. 1642, had been 
sent from Scotland thither by commission from the king under 
the great seal, and upon a treaty and establishment betwixt 
the two nations for suppressing the Irish rebellion;) and for 
persuading them to desert for so noble an undertaking their 
interest in Ireland, which was very considerable, (for there 
was above seven hundred and seventy thousand pound sterling 
of arrear resting to them, upon a stated account fitted by 
persons intrusted by the parliament of England, and com- 
missioners from them, preceding the 16th of June 1647, be- 
sides a year more, until June \ 648, not at all reckoned,) they 
sent over three of their number, two knights, sir James 
Macdougal and sir William Cocheran, (now earl of Dun- 
donald,) and Mr. Crawford, burgess of Linlithgow, with letters 



-38. Great disorders in England. (1648.) 44S 

and instructions to that purpose. They were kindly received 
by such of the officers as had chief power there ; but most 
unwelcome to a contrary party, who had notice how averse 
the kirk, to which they were addicted, had declared themselves 
from the designs of that parliament ; nevertheless it was 
quickly agreed to, that about twelve hundred horse and two 
thousand and one hundred foot should be provided and re- 
gimented, and transported to Scotland, to be conducted by 
sir George Monro, in the quality of a major-general, and to be 
joined with the duke's army. 

37 At Westminster they were in great confusion, fearing that 350 
the general inclinations over England should prove too hard 
for them: but Mr. Marshall, who was sent back from the 
English commissioners in Scotland, comforted them the best 

he could, giving them all assurance that the designs there 
would meet with vigorous opposition : wherefore it was moved 
that some of the forces might be presently sent down, before 
the army were drawn together, who might hope for good as- 
sistance in Scotland. But he also told them, that nothing 
would be so likely to divide them in Scotland as to declare 
for the covenant and the propositions sent to Newcastle : and 
indeed this was much dreaded by the duke and his friends, 
since there was nothing so popular in Scotland as that the 
parliament and army of England had fallen from the covenant ; 
but they resolved, though that were granted, to accept of no 
treaty till the army were presently disbanded, for which the 
former year's transactions did furnish them with very good 
reasons. Mr. Marshall did what he could to reconcile the 
Presbyterians and Independents in London ; and that they 
might not fall out about religion, it was voted that the king- 
dom should be first settled before religion was fallen upon. 
The city of London was generally well-affected to the Scottish 
design, though some studied to alienate them from it, by 
telling them that those in Scotland were in correspondence 
with the cavaliers in England. The city was inconstant, and 
the citizens feared the army's falling on them to plunder them, 
so that they were easily overawed ; and at that time the 
agitators of the army were upon the fining of the city in a 
million of English money. 

38 A general answer was returned to the Scottish demands by 
the day they had prefixed, with the promise of a more parti- 



444 A day of humiliation is appointed at Westminster. VI. 38 — 

cular one to follow shortly ; which was looked on as a design 
to shift them off by delays. At this time the two houses were 
much lifted up with a defeat given to Langhorn in Wales, which 
was represented to be greater than indeed it was. But to 
allay their joy, there came in petitions from many counties of 
England for a personal treaty with the king, and for being 
disburdened of the army : one came from Essex, which was 
subscribed by twenty-four thousand hands ; and eight thou- 
sand men came out of Surrey with their petition, upon whom 
the soldiers fell barbarously, and killed about twenty of them, 
wounding above an hundred. Next, the Kentish men rose in 
a formidable number ; but it was more terrible that the navy 
was staggering, and many of the captains of the ships declared 
against their proceedings. This was sad news for London, by 
reason of their trade, which was like to be blocked up. And 
now Cromwell, to please the city of London, drew the forces 
out of it, and left the militia of London in their own hands ; 
only he got Skippon, who was of their own cabal, made major- 
general of their trained bands : and there was no small disorder 
in the army, the agitators being for the most part levellers, 
and against Cromwell, as was by some supposed. 

39 With all this tragical visage of things they at Westminster 
were not a little mortified, so they appointed a day of humili- 
ation ; and when they were naming the reasons for the fast, 
one of the members had a singular opinion, that notwithstand- 
ing the self-denying ordinance they had passed, yet they had 
engrossed all places of power and profit to themselves, by which $$ 1 
juggling G-od was mocked ; wherefore he moved that they might 
divest themselves of these : but the rest were not of his mind. 
And if three sermons and a great many long. prayers would 
reconcile God to them, they would be at the cost, but were 
resolved to quit none of their power nor places. All these 
tumults in England, as they had hindered the two houses from 
sending down their forces to Scotland ; so they called aloud 
for hasty relief from the Scottish army, which from all places 
was called for. But the opposition the clergy and their party 
made had so foreslowed their levies, that they could not over- 
take this fair opportunity ; but were forced to leave the poor 
people in England to be knocked down by the insulting army. 

40 The parliament of Scotland reassembled in June, and after 
few days sitting, and the emitting of new declarations both for 



— 4 2 - The Scottish parliament adjourns. (1648.) 445 

Scotland and England, but of a milder strain than their former 
of April had been, (being now weary of their hopeless courting 
of the clergy,) they adjourned for two years, having chosen a 
committee of estates sure to their designs; and they were 
drawing their army together with all possible diligence. 

41 But the great matter now debated in Scotland was, whether 
they should first make all sure at home, or leave things in 
that disordered posture, and make haste into England. Lane- 
rick was for taking order with the opposite party, and the 
lords that headed them, before they stirred out of Scotland, 
lest otherwise, as soon as they were gone, the ministers might 
blow up the people into sedition, which would either force 
them to send back a part of their army for curbing them, or 
lose Scotland totally by their tumults, while their army should 
be struggling with an uncertainty in England. Besides, they 
were neither well furnished with arms, ammunition, nor money, 
but had good assurances of large supplies from the queen and 
prince, by sir William Fleeming ; and the prince (though 
much dissuaded by these who were both enemies to the Scot- 
tish nation in general and the duke in particular) continued 
still firm to his first resolutions of going to them, when all 
things were brought to that posture that it were fit for him to 
hazard himself amongst them : and therefore, in the middle of 
June, sir William Fleeming was despatched again from his 
highness to Scotland with the following letter, directed, 

42 For the lord duke Hamilton, and the earls of Lindsay, Roxburgh, 

Lauderdale, Lanerick, and Calender. 
My Lords, 
You will receive by sir William Fleeming, who is amply instructed, 
the full account of my intentions ; and he is not more particularly 
charged with any thing, than to let you know the sense I have of your 
affections : yet I thought fit to reserve unto myself the assuring you, 
that as I conceive I am not capable of being more obliged than I 
have been by you, so I shall be most exactly just in the discharge 35 3 
of my acknowledgments, when it shall please God to make my con- 
dition fit for it. In the mean time I have nothing to say, but to 
desire you to be entirely confident of it, and that I am most truly, 

My Lords, 
Your affectionate friend, 

Charles R. 



446 After much debate, a present march VI. 4 

Sir William Bellandin met with more opposition in Holland, 
for judgments were passed on the Scottish proceedings from 
their declarations, and all he could say was not able to take 
off those impressions, so that no good was expected from Scot- 
land. The states of Holland had no great inclination to the 
king's party, and the prince of Orange was at that time much 
influenced by the duke's enemies; yet Bellandin got many 
promises made him of a large supply of money and ammu- 
nition. 
43 Upon these expectations the earl of Lanerick was against a 
speedy march into England ; but this was opposed by the 
earl of Lauderdale, who pressed a present despatch. They 
were called upon so earnestly from their friends in England, 
that to linger still was to lose the king's party there : for now 
the Kentish men were broken, and some of them had passed 
over unto Essex, where many rose with them and carried Col- 
chester, and made a good body both of horse and foot, but 
were not able to hold out long against the army ; yet they 
gave them divers foils. But that of the greatest importance 
was, that most of the navy had declared for the king, and de- 
sired a correspondence with Scotland, and Willoughby, who 
was made vice-admiral by the prince, was a great friend to 
the Scottish nation. The earl of Inchiquin also, with his army 
in Ireland, had declared against the parliament, and sent to 
Scotland a very kind message for a good understanding with 
that parliament : and finally, a part of the English army, being 
much solicited by the church party in Scotland, who com- 
plained that they were now exposed by them to ruin, was 
coining northward under the command of Lambert ; and 
Langdale had written to them, that he could not be able to 
stand long before Lambert if he were not speedily relieved, 
and that Carlisle also would be in great hazard : neither was 
the hazard only the loss of Carlisle, of which they made less 
account, but the army which was with Langdale, whose wives 
and children were in Carlisle, did threaten to leave him and 
capitulate if that place were not preserved. Besides all this, 
they at Westminster, to temper the general hatred against 
them, had called back the secluded members of both houses, 
and were levying new forces, and had voted a personal treaty 
with the king ; at which time also one Osborn avouched that 



— 4-6- from Scotland is resolved on. (1648.) 447 

there were designs against the king's person, and that himself 
had been solicited to assist in the poisoning him. All these 
considerations were pressing, and could admit of no delays; 
wherefore Lauderdale insisted for a present march, and that 
the duke's carriage might shew it was the king's service, and 353 
not a faction, he was designing, nor resentments against these 
who withstood him in Scotland : for so did Lauderdale mis- 
take Lanerick's advice for curbing of the church-party and 
punishing their leaders. 

44 The duke saw great reason on both sides, and though his 
own judgment went along with his brother's advice, knowing 
well it was easy for him to have forced all Scotland very soon 
into a compliance with their design ; (which being once done, 
he could have marched into England upon greater advantages, 
and with a far better army ;) yet he was content to be over- 
ruled, believing that if they were prosperous in England, upon 
which depended all their hopes, it would be no great work to 
master any opposition might be made in Scotland. And thus 
did the unripened forwardness of those in England force the 
duke on a fatal precipitation of counsels. The resolution was 
taken, and a general rendezvous appointed to be at Annan, 
near the borders of England, on the 4th of July. 

45 All this while my lord Lanerick had not forgotten the king's 
commands about the marquis of Huntley, but the ill opinion 
the churchmen had of them was such, that to have proceeded 
roundly in that matter would have given greater grounds of 
jealousy to that party : therefore the junto sent him word to 
the castle of Edinburgh, where he was then prisoner, that 
though at that time it was not fit to set him at liberty by an 
order, yet they were willing he should make his escape, and 
they offered their assistance for conveying him safe away. 
But he said he was brought thither by order, and he would 
not steal out as a thief: and from this fatal stiffness they 
could not get him removed, yet they resolved to liberate him 
openly when they should be better able to avow their actions. 

46 The opposition the churchmen made to the raising of the 
army did still retard the levies and discourage the soldiers, 
though the officers were generally resolute. Some forces were 
sent westward, under the command of sir James Turner, to 
keep that country quiet, who found a little authority vigorously 



438 Some Scotch forces are sent towards the borders. VI. 46 — 

managed did quickly tame some of the most unruly. But at 
Mauchlin there was a great gathering under the colour of an 
assembly to a solemn communion, and many went thither 
armed, pretending hazard from the danger of that time. 
Turner got notice that an insurrection was designed there, 
and advertised the duke of it, who ordered Turner not to stir 
till the earls of Calander and Middleton should come to assist 
him, who came to Pasely on the Saturday before that com- 
munion. They drew out the forces that lay there, consisting of 
two regiments of foot, and fourteen troops of horse, and 
marched to Steuarton, where the earl of Glencairn and others 
of the nobility met them. Some advised a march of the whole 
forces, others thought a few troops were sufficient for dispers- 
ing that multitude ; whereupon Middleton was commanded 
out with six troops, who found them near two thousand strong, 
horse and foot ; but being ill-commanded, they were soon dis- 
ordered. Middleton and Hurry gave the charge, and were 
briskly encountered ; so that they were made to retreat with 
the loss of some men, and both Middleton and Hurry got 
slight wounds : but the party that had given them this rude 
shock, having cleared a way for themselves, made their retreat. 
The report of this disorder was brought hot to Calander, who 
leaving the foot at Kilmarnock, went with the eight troops he 354 
had with him to assist Middleton ; but upon his appearing all 
run away. The horse were not pursued, sixty foot soldiers 
were taken, and five officers, and some ministers, who were all 
dismissed : only the officers were condemned to die by a council 
of war, but were afterwards pardoned by Calander. 
47 After this, before a general rendezvous was possible, the 
duke, for animating those of Carlisle, who began to be sore put 
to it, sent colonel Lockhart with some regiments of horse to 
lie at Annan, and colonel Turner with five or six regiments of 
foot to lie at Dumfries, hoping thereby to hinder Lambert 
from coming near Carlisle ; wherein his expectation did not fail 
him ; for no sooner came Lockhart to Annan, but Lambert 
drew his troops nearer, and sir Marmaduke Langdale got air 
a while, for provision both for his men and horses, and against 
the day appointed the general came from Edinburgh to Annan 
with Calander, Middleton, and Baylie, and several regiments 
of horse and foot. Turner also came to him from Dumfries 



— 49- Colander's character. (1648.) 449 

with the regiments that lay there, and some ammunition, and 
abundance of meal, that had been sent from Edinburgh : but 
before I go further, a little must be premised of the state of 
the army, and of those who commanded it. 

48 The duke was general, of whom I find an old experienced 
soldier, who served under him, passing this judgment, "His 
conduct of forces was as good as that of any under his com- 
mand, without exception ; but it was his fate (I dare not say 
his fault) in military matters, as was his master's in political 
affairs, not to trust to his own judgment, but to the judgments 
of others, though inferior (as all the world knew) to their 
own : and to this character all with whom the writer ever 
spake, who served in that army, did agree. 

49 The lieutenant-general was the earl of Calander, who was bred 
from his youth a soldier in the wars of Germany and the Low 
Countries, where he long commanded a regiment of Scottish 
foot, and had gained (deservedly) the reputation of a man of 
great courage ; and understood well the Dutch discipline of 
war, which he observed with a strictness that seemed not 
free of affectation. The promptness of his deportment, and 
the authority he usually took on him, being judged far beyond 
his skill in the conduct of an army, he was made lieutenant- 
general of the Scottish army, that went against the king under 
general Lesley, anno 1640, and joined with Montrose and 
the other noblemen and gentlemen who signed the bond men- 
tioned in the account of that year ; and from that time he 
continued for some years in a great friendship with Montrose, 
which as it did alienate the church party from him, so it set 
him at a distance from the duke, of whom he was ready both to 
receive and give ill impressions. Yet he having made great and 
constant professions of loyalty, and having got himself to make 
a considerable figure among some noblemen who were called 
the king's party, a conjunction with him being also earnestly 
recommended by the queen in her letters to the duke, he and 
some of his friends (though many condemned the choice) were 
easily induced to such an opinion of the reality of Calander's 
loyalty and military conduct and courage, as to accept of him 
for lieutenant-general of the army, though the duke had no 
reason to have any confidence in his friendship. But as he 
left nothing undone to overcome all obstacles that lay in the 35$ 

Hamilton. g g 



450 Character of Colander. VI. 49- 

way of this royal expedition, so he complied with divers things 
that were uneasy to him, whereof this was none of the least ; 
because he would leave no ground for calumny itself to charge 
him with slackness in attempting to do this signal service to 
God, the king, and his country. The lieutenant-general was 
quickly observed to design a faction in the army for himself, 
and to oppose all that the general suggested ; which he did so 
peremptorily, that he usually pressed all his own propositions 
with such warm language as, that the king's service was ruined 
if other courses were followed : and this never failed to over- 
rule the duke, and in effect he gave away almost his whole 
power to him. 

50 But if he expected little friendship from Calander, he had as 
much confidence in Middleton, lieutenant-general of the horse, 
who was a person of great courage and honour ; and none had 
been more gallantly active in carrying on this expedition 
than he was ; for which and other great services he was by 
his majesty that now reigns created earl of Middleton : nor 
had he less assurance of Baylie, lieutenant-general of the foot, 
who had given many signal demonstrations of valour and 
conduct. The inferior officers stood all divided according as 
their affections led them, either to the general or lieutenant- 
general : and thus was the army modelled. 

5 1 The regiments were not full, many of them scarce exceeded 
half their number, and not the fifth man could handle pike or 
musket. The horse were the best mounted that ever Scot- 
land set out, yet most of the troopers were raw and undisci- 
plined. They had no artillery, not so much as one field-piece, 
very little ammunition, and very few horse to carry it; for 
want of which the duke stayed often in the rear of the whole 
army till the country men brought in horses, and then conveyed 
it with his own guard of horse. Thus the precipitating of 
affairs in England forced them on a march before they were 
in any posture for it : but now they were engaged, and they 
must go forward, an account whereof follows, but not drawn, 
as the former parts of this work have been, from the duke^s 
papers, and little notes he used to take on all occasions : for 
if any of these were taken by him in this expedition, they were 
either destroyed by himself or fell into the enemy's hands 
when he was made prisoner ; so that the writer was forced to 



— 5 2 - Th e m #> rc h of the army. (1648.) 451 

seek help from others for supplying this defect, and procured 
divers relations from very worthy gentlemen, who were eye- 
witnesses or actors in the whole affair, upon whose informations 
he must rest, and therefore offers them as follows : 

52 Vpou the army's march to Carlisle, Lambert drew back, and we 
advanced to Crofton-hall, where we lay about eight or ten days ; 
from thence we went towards Penreith : but the duke sent out a 
party of some three hundred horse, who discovered the enemy's 
main-guard of horse, and gave the general notice of it ; who there- 
upon commanded the whole cavalry to march,, purposing to fall upon 
the enemy that very night, and he sent orders to Bay lie to hasten 
the advance of the infantry. A full discovery being made of the 
enemy, our cavalry was drawn up in their view, where, expecting 
the advance of the foot, we stood in arms till night ; but about mid- 356 
night the enemy drew off quietly. Next morning betimes, a great 
rain falling, we advanced to a bridge a mile beyond Penreith, with 
design to engage the enemy ; but missing our hopes, were forced for 
our accommodation in quartering to return to Penreith. Next day my 
lord Levingstoun commanding a party of horse, discovered the 
enemy's main-guard within a mile of Appleby- castle in Westmoreland, 
consisting of about three hundred horse, of which having sent ad- 
vertisement to the general, he ordered the army to march immedi- 
ately towards the enemy ; and Middleton commanded the captain of 
the general's troop to charge, who beat back the enemy's horse into" 
the town of Appleby. That evening our whole cavalry made a stand 
for several hours, expecting the advance of Langdale, who being 
marched up, did presently with his foot engage with the enemy into 
the town till it was dark. Our infantry quartered that night on the 
moor near Appleby ; but before the next morning the enemy marched 
away both horse and foot, leaving only a garrison in Appleby-castle ; 
and did cut the bridge, so that it was impossible to follow, for the 
rains had fallen in such abundance that the waters were not to be 
forded : whereupon we went to Kirby-thure in Cumberland, where 
we lay three weeks, expecting the rest of our forces, who came up to 
us, yet far short of the numbers appointed by the parliament, of 
which there was wanting more than a third part ; so that in all we 
were about ten thousand foot and four thousand horse. This is the 
true account of the strength of our army. Turner, who being our 
general-adjutant, did often muster the infantry, avers on his honour 
they were no more ; and both Middleton and Lockhart did also as- 
sert there were not above four thousand horse ; so far short was our 

Gg2 



452 Langdale 9 s letter. VI. 52 — 

number of what was appointed by the parliament, and generally given 
out to be the strength of our army. 

53 We also waited for the Irish forces which Monro had brought 
over. In the mean while Langdale besieged Appleby, and lest 
Lambert had faced about, Turner was ordered to lie near him with 
two brigades of foot till the castle capitulated, which it did in a very 
few days. 

54 Here I shall add a letter of sir Marmaduke Langdale's to 
the earl of Lanerick, written from this place : 

My most honoured Lord, 
Give me leave to give your lordship many hearty and humble 
thanks for your favours, and to beg so much trouble to you, as to 
give your brother thanks for me, who is as careful of me, and all those 
under my command, as if they were his own, furnishing us with arms 
and ammunition, and upon all occasions with his own forces to assist 
us. All I can render to so great a person, considering my condition, 
is to be thankful ; and I hope neither myself, nor none that join with 
me, will ever be so ungrateful or ungracious as to forget his particular 
favours, besides the general good to the whole nation ; wherein what 
we have, or are like to enjoy, is by his endeavours, with the hazard 357 
of his own person and friends, and all they can call dear unto them. 
These are benefits can never be forgotten by gentlemen, whereof one 
with many more is 

Your lordship's most humble 

Appleby, ist August, devoted servant, 

1648. Mar. Langdale. 

55 We next marched to Kendal, and from that to Hornby, where it 
was hotly debated whether we should march to Yorkshire or Lan- 
cashire. The general and Baylie and Turner were for Yorkshire, but 
Lancashire was resolved on, which many blamed, that county being 
so disafTected, that little good intelligence was to be hoped for there ; 
whereas Yorkshire was well affected : but Calander and Langdale 
pressed it earnestly, alleging it would ease our friends and weaken 
our enemies. 

36 By this time the Irish forces had come over, consisting of the 
number above-mentioned, all well trained and experienced soldiers. 
They met with some danger and difficulty in their transportation, 
for the parliament of England (apparently fearing by their utter ne- 
glect of that army that some such course would be taken by them) 
sent two men-of-war to guard the passage betwixt Scotland and 
Ireland, who intercepted about three hundred foot of Daly el's regi- 



— 58. The Irish forces come over. (1648.) 453 

ment, whom they disarmed, and kept two days, bat for want of 
victuals were willing to dismiss them again. The rest made use of 
small vessels, and the nighttime, by which means and the narrow- 
ness of the sea, they arrived all safe (albeit divers were chased) upon 
the Scottish shore ; and as they landed in parcels, they were ordered 
to march straight towards Carlisle. But as they went through the 
shire of Galloway, and stuartry of Kirkudbright, they were unfa- 
vourably used, for none of the country gentlemen, excepting one or 
two, did own them : so being left to themselves, without any per- 
son to appoint orderly quarters for them, and being railed at from 
the pulpits, and curses denounced against them, and that whole en- 
gagement cried out to be unlawful, and the ministers in every parish 
discharging their parishioners to have any meddling with, or ac- 
cession thereto, it was no wonder if abuses were committed, but 
nothing answerable to the great clamours purposely spread abroad 
against them by those of that country. 
57 It was at Kendal in Westmoreland where sir George Monro had 
the first meeting and conference with the duke, who was upon his 
march with the army towards Preston in Lancashire. Sir George 
and those with him followed upon his rear to Kirby-Lumsdale, near 
the border of that shire. The duke had a great mind to have joined 
them to the army, for they were resolute and well trained, especially 
the foot, and he was well assured both of officers and soldiers : but 
Monro had no mind to take orders either from Calander or Baylie ; 
and this made Calander unwilling to bring them up. He also saw 
that most of their officers depended on the duke, and so he had no 
kindness for them : therefore though the duke pressed much the 
bringing them to the army, yet Monro was sent back with orders 
from the duke in writing to stay at that place, and wait for some 358 
cannon coming out of Scotland, and to conduct them to the army ; 
but withal, in case it should happen he were attacked by the enemy, 
not to engage, but to make his retreat back to Appleby- castle or 
Carlisle, and there to secure himself till further order. As he stayed 
at that village, sir Philip Musgrave and sir Thomas Tilslie, the one 
lieutenant-general, the other major-general to sir Marmaduke Lang- 
dale, with two regiments of foot then raised in the northern coun- 
ties, joined him. 
58 Our March into Lancashire being concluded, the van was led by 
Langdale, who undertook to provide guides and pioneers, and to 
get us intelligence ; but the want of this helped us to our ruin, 
for he was well nigh totally routed before we knew that it was 
Cromwell who attacked us. And here the cavalry complaining of 



454 Preston fight. VI. 58— 

scarcity of forage in these parts, and their officers pretending a neces- 
sity to enlarge quarters, desired liberty to advance before the in- 
fantry, against which the general gave many reasons : yet to prevent 
a mutiny he yielded to it, not apprehending how near the enemy 
was, of which we were secure, resting on Langdale's intelligence ; 
which was only that one Ashton had raised two or three thousand 
presbyterians together to stop our march and amuse us, pretending 
it was because we came out of Scotland without the approbation of 
the kirk. Calander and Middleton went on with the cavalry to Wig- 
gan, some regiments of horse being only reserved for a rear-guard 
to the infantry, and we marched forward to Preston. 

59 Upon the day after our army was thus divided, being the 18th of 
August, Calander got some hint of Cromwell's joining Lambert. 
Upon this Calander thought it fit to bring the cavalry nearer the 
infantry, intending to go himself that night to the general ; where- 
upon some regiments of horse were drawn into the moor near Wig- 
gan, and commanded to stay there till further orders, which late at 
night they got to return home to their quarters : then Calander 
went to the general, and Middleton stayed with the horse, which 
was the ruin of the army ; for all judged that Calander ought to 
have brought the horse with him, since he had reason to apprehend 
the approach of so powerful an enemy ; yet when he came to the 
general, he spoke nothing to him of the advertisement he had got. 

60 Next day about noon we all drew up in battalia upon the moor, 
but had not ground enough : from us the general went and passed 
the bridge to view the field for a convenient leaguer, and before his 
return Calander ordered Baylie to pass the bridge with the foot to 
the place where the leaguer was to be. The general returning, and 
thinking to have found the foot still in the moor, met Baylie on the 
bridge, who told him he had received orders from Calander to draw 
over the whole body of foot ; but hearing that Langdale was hotly 
engaged with the enemy, he had halted there, till he saw what the 
event of the action might be : which the general approved, and or- 
dered him to halt, wishing they had stayed still on the moor. Mean- 
while Calander came up, and asked why they did not march : Baylie 
gave him the answer he had given the general, with which Calander 
was unsatisfied, and went away in a chafe. The general seeing him 
in passion studied to allay it, telling him that Baylie had stopped 
upon his order : Calander answered, his grace might do what he 
pleased, but he had given former orders to march, which he con- 359 
ceived most fit to be done, pretending the necessity of having the 
horse and foot on one side of the river, to which the general gave 



— 6o. Preston fight. (1648.) 4t55 

way ; and so Baylie marched over, and the duke and Calander re- 
turned back to the moor, where the rear-guard of the horse,, toge- 
ther with two brigades of foot, stood all the while. By this time 
they got sure intelligence, from some prisoners whom Langdale had 
taken, that the enemy he engaged with was Cromwell ; and the general 
ordered Turner to send out commanded parties to Langdale's re- 
lief, who sent about seven hundred foot with a good quantity of 
ammunition, of which the English stood much in need, and were 
sore put to it, Cromwell gaining hedge upon hedge of them. But 
Langdale being overpowered by the growing numbers of the enemy, 
sent to the general for a further supply, who ordered Calander to 
send it : and he undertook to do it, yet did nothing. Langdale won- 
dering at the delay, sent a second more pressing message ; and sir 
James Hamilton shewing the general how necessary it was to send a 
speedy supply, lest Langdale being beaten back the enemy should fail 
in betwixt the rear-guard of the horse and the foot, who could not 
be now brought back, the duke ordered him to draw out an hundred 
horse from the regiments that stood there, and charge with them. 
But Calander coming up, as he was advancing, asked who com- 
manded that party, and finding it was sir James Hamilton, who had 
no charge in the army, but rode in the general's troop a volunteer, 
he ordered the horse back to their regiments, and went to the gene- 
ral, complaining that he gave command to those who had no charge, 
and all this on pretence that the few regiments which stood there 
were not to be weakened. But the general shewing him Langdale's 
extreme danger, and the necessity of sending him relief, Calander 
undertook with a brigade of foot to second him, though this could 
not be performed, the foot being now so far from us : yet upon that 
colour he went along the bridge, ordering his waggons that lay in 
Preston to be drawn over to the other side ; which being done, 
he stayed on the other side. Meanwhile Langdale beat back the 
enemy two or three closes, still expecting relief ; but that failing, he 
was totally routed, and retired disorderly, and fell in betwixt our 
infantry and the moor, where the general stood with the horse still 
expecting Calander : but now seeing a necessity of joining himself 
to his infantry j he got into the town of Preston with his guard of 
horse, and Langdale and other officers with him, with intention 
to pass the river below it, which at that time could not be ridden 
by reason of the rains which fell continually ; for all this while there 
were such deluges of rains not only over England, but over all 
Europe, that every brook was a river, which made the march very 
heavy both to horse and foot : nor was it possible for the foot to 



456 Preston fight VI. 60— 

keep one musket fixed, most part of the time we were in a body in 
England : but the enemy pursued us fiercely into the town ; where- 
upon Turner endeavoured to rally some of the musketeers who had 
fled, and to line the hedges with them for keeping off the horse. 
But the general perceiving they did small service, did himself charge 
those who pursued him, being followed by all the officers and his 
own guard, and put two troops of the enemy to a speedy retreat, and 360 
then turned to get to the ford : but as soon as we turned, the 
enemy faced about and turned again on us, and the general charged 
the second time, and put them again to the flight ; but being pursued 
the third time, he charged the enemy so home, that he sent him a 
good way off, and they could not soon overtake us. In all which he 
shewed as much daring resolution and courage as any man could be 
master of. 

61 But Langdale and Turner perceiving the enemy's foot advance, 
who would have lined the hedges, and from them fired on us, pressed 
the general to think rather of retiring to his army than staying in a 
place where all he could do was to give proof of his personal valour : 
whereupon he yielding to their advice, we took the ford and swimmed 
over, and got safely to the place where our infantry lay, whom Baylie 
had very advantageously drawn up on the top of a rising hill, among 
sensible enclosures. The regiments that stood on the moor were put 
to the rout by the enemy, and got off disorderly in parties. Calan- 
der congratulated the general's safe escape from so eminent a dan- 
ger ; who returned him thanks, but passionately regrated the bad 
fortune of that unhappy day, whose sad effects, he said, he very much 
apprehended. Before his arrival, Calander had sent six hundred 
musketeers to maintain the bridge, which was done without con- 
sideration ; for they were to march through an open field of a 
quarter of a mile's length, that lay betwixt the hill we stood on and 
the bridge, in which there was no shelter, and the enemy's side was 
all a descent to the bridge, that was full of hedges, from which their 
firemen played uncessantly on our musketeers, who could do them 
no harm again. The general and Baylie observing this, did by 
Calander's advice, who saw his error, send Turner with some mus- 
keteers to make their retreat, and bring them off; but he met 
them rather flying than retiring : nor did the enemy pursue eagerly, 
but divers of our men were killed : and now Cromwell was master of 
the bridge. 

62 This was the issue of that day, wherein our loss was great ; many 
were killed, and many were taken prisoners, and we lost more who 
run away ; two brigades of foot were totally routed, and either 



— 62. Middleton' s gallantry. (1648.) 457 

killed,, taken, or dispersed ; nor did we ever hear any more of Monro 
and the Irish forces, nor of the rear-guard of horse that was on the 
moor ; so that we begun to look on ourselves as broken, being in a 
country where we might look for nothing but unfriendliness and 
treachery. Upon this sad juncture, the general called a council of 
war of all the chief officers in the army : there was one of two 
things to be done, we were either to wait for the cavalry or to 
march to them. Divers messages had been sent to Middleton to 
come up with the horse, yet he appeared not. Calander pressed a 
retreat, and to him agreed almost all the officers, except Baylie and 
Turner, who urged their staying till Middleton came up, which 
might be expected in a few hours. The general expressed much 
indifferency in that particular, and if they had stayed they could not 
have forced Cromwell to fight, who, knowing their wants, would have 
let them alone till hunger had forced them away. So Calander's 
authority prevailed for a march; the greatest prejudice thereof was, 
that they could not carry their ammunition with them, for the coun- 
try people, whose horses carried it, had fled away ; so that there was 361 
a necessity of leaving it behind them. To have fired it would have 
discovered their march, and so done them mischief; therefore it was 
appointed to be blown up by a train, which being neglected by him 
to whom it was trusted, it fell into Cromwell's hands next day : all 
the soldiers could carry with them was only their flasks full. Our 
march was very sad, the way being exceeding deep, the soldiers 
both wet, hungry, and weary ; and all looked on their business as 
more than half ruined. The next morning we came to Wiggan, and 
found almost the half of our foot had fallen off by the way, whom 
we saw no more. But our misfortunes grew on us ; for Middleton, 
upon the advice he got, had marched to the bridge of Preston an- 
other way, where he found the enemies quiet, our fires burning, and 
none by them but some sutlers ; wherefore hearing we were gone to 
Wiggan, he followed our tract, and was hotly pursued all the way 
by the enemy's horse, with whom he skirmished all along till he 
came within a mile of us : and indeed he made that retreat, which 
was seven miles long, very gallantly, and was well seconded both by 
colonel Lockhart and colonel Hurry, the last getting a dangerous 
shot in his head, which occasioned his being taken prisoner. The 
enemy lost several men, and among others one colonel Thornly, ac- 
counted one of their best officers. We meeting with our cavalry 
drew up in battalia in the moor, and some thought of fighting ; but we 
found it impossible, the place not being large, and environed with 
enclosures, which we could not have maintained long for want of 



458 Warrington-bridge. VI. 62 — 

ammunition. So we were resolved to march all night, and designed 
for Warrington-bridge, where we hoped we might either maintain 
the bridge, or cut it, and so have gone whither they pleased ; yet 
many of us apprehended we might be routed ere we got thither. 
Marching all night, we got a false alarm, which put us in no small 
disorder ; and Turner and Lockhart labouring to recover us, the 
one was wounded, and the other was trodden down, to the great 
danger of his life : yet no enemy came in the rear, for they had 
taken up their quarters for that night ; but next morning they pur- 
sued us, yet we passed Warrington-bridge, the enemy being close in 
our rear. We maintained it some time against the horse, but were 
driven away from it when the foot came up. And here Calander, 
and most of the officers of the cavalry, pressed the general to march 
off, and leave the foot to capitulate ; their reasons were strong, they 
had marched two nights, both under an extraordinary rain, and in 
very deep way, and were wet almost up to the middle, and had 
scarce eat any meat all that while ; they had no ammunition, the 
powder in their flasks being all wet ; so that to study to preserve 
them w T as to attempt an impossibility, and to lose all. The horses 
were also so weary with their long ill march, that they were for no 
present action ; but they getting off, and turning either back to 
Scotland, or joining with those who were in arms for the king in 
England, might still prove useful for his majesty's service. Upon 
which the general was moved, though with great reluctancy, to 
leave the foot and Baylie to capitulate ; and in an account of this 
business drawn by Baylie, which the writer has seen, he says, 
Calander ordered his capitulating, and Middleton advised it; but 
says nothing of any orders he had from the duke for it. Baylie 362 
upon this occasion lost some of the patience he was usually master 
of; but having recovered himself as much as he could, he sent 
major Fleeming to Cromwell with articles, who not agreeing to 
those, desired a parley with Baylie himself: and they met on the 
bridge, and agreed that the infantry should lay down their arms, 
and both officers and soldiers be prisoners of war to the parliament. 
Here Cromwell left Lambert with four brigades of horse to pursue 
our cavalry, and himself marched after Monro. But I shall go 
through with the tragedy of our army before any further account be 
given of that march. 
63 Our cavalry rode divers miles towards Westchester, with intention, 
as was supposed, to have gone to Wales ; but putting on another 
resolution, we stayed all night at Malpas in Shropshire. And here 
it was debated whether we should go to Yorkshire or to Hereford- 



— 64. A mutiny. (1648.) 459 

shire, where we had intelligence that sir Henry Lingen had put 
himself in a considerable posture for the king : but this being con- 
tradicted, that very night we resolved for Yorkshire, designing to 
try if we could clear a way for ourselves to Scotland. But next day 
many of the county trained-bands appeared against us, who were 
soon dissipated by Middleton without any bloodshed, and that day 
we made a great march, and lodged all night in the fields ; next 
day we marched betimes, and at noon made a great halt at Stone in 
Staffordshire. 
64 After this, as we were marching, Middleton rode in the rear, for 
making it good against some troops of the county militia ; but un- 
fortunately his horse fell under him, and he was taken prisoner. 
Thus the remnant of our unfortunate army sustained an irreparable 
loss by the taking of that brave man. The rest of that day we 
marched to Utoxeter, and the weather being rainy, windy, and tem- 
pestuous, we came thither in great disorder. On the next day we 
had not marched a mile, when both horses and men being extremely 
weary, many of the officers and troopers expressed an unwillingness 
to march further, neither were we well resolved whither to go that 
night ; and many surrounded the general in a confusion next to a 
mutiny, desiring he would return to Utoxeter, from which he was 
very averse, and represented to them that it was better capitulating 
with sword in hand in an open field, than to be cooped up in a 
town : but both he and Calander were forced by their importunity 
to return to Utoxeter, purposing to spend the rest of that day and 
the next night there, for refreshing men and horses, and after that 
to continue their march. And here Langdale and some of the Eng- 
lish officers that were with us, seeing all hopes were gone, and 
knowing their own danger if taken with us, left us. A trumpeter 
came to us from the governour of Stafford, commanding the gene- 
ral to render himself, and these with him, to him and the county 
committee : and many such letters came to him from impertinent 
commanders of the county-militia, at which he was nothing moved, 
and, as low as he was, he undervalued them. But now our misfor- 
tunes must be completed by our own madness, and the mutiny of 
our soldiers, among whom it was given out that the general officers 
intended an escape from them, though they had often protested that 
they should never leave them, but live and die with them. The 363 
soldiers set double and treble sentinels, both about the general's 
and lieutenant-general's lodgings, and other chief officers ; all which 
was done in the sight of the Stafford trumpeter. Next morning, as 
soon as we could see, colonel Turner, by the general's order, called 



460 A mutiny. VI. 64 — 

out at the window to them, and asked if they were not ashamed of 
the ignominy of that action, and of the base and unworthy usage 
they had offered their general, and the contempt they had shewn to 
all discipline. He advised them, if for no other reason, yet for their 
own safety, to return to their duty, remove their guards, go home 
to their lodgings, and refresh themselves ; which they instantly did, 
cursing those who set them on to mutiny, but named none. Calan- 
der protested he would hear of no treaty, but prepared to be gone, 
with all who would follow him, who were at least half our number. 
The general pressed his stay, that a joint course might be followed, 
at least that night, and that he would not divide the forces ; and the 
next day they should either march, fight, or treat, as should be 
agreed on in a council of war, where he might freely deliver his 
mind. But all was in vain, for he marched away with as many as 
had good horses to follow him, who quickly dispersed themselves ; 
and Calander got secretly to London, and from that to Holland, so 
that his escape proved more fortunate than any officer's (of the army) 
was. 
65 Now we concluded it impossible to return in a body to Scotland, 
and the county-militia was every where rising, our horses were 
beaten, and our troopers both heartless and disposed to mutiny ; so 
that we all told the general there was a necessity of capitulating, 
for though we might possibly have cleared a way for ourselves, 
through those who then surrounded us, yet in every part of Eng- 
land we would find a fresh enemy before us, and it was impossible 
to cut out our way through all these difficulties : to which, seeing 
it was unavoidable, the general yielded, and on the 25th of August 
sent three colonels, Lockhart, Foules, and Turner, to capitulate with 
the governor of Stafford, who had environed us with about three 
thousand men. They treated in a house three miles from Utoxeter, 
where Mary queen of Scotland had been long kept prisoner ; they 
found those they treated with no enemies to monarchy, and so they 
had reason to expect good conditions from them : but that treaty 
was interrupted by a message from Lambert, who was now advanced 
very near Utoxeter, and sent them word that if they would treat it 
must be with him; which was no good news to our colonels. Yet 
they went to him, and found him very discreet : he appointed Lil- 
burn, Hains, and Manwaring to treat. They demanded of us the 
delivery of Berwick and Carlisle ; and undertook, if we would en- 
gage to deliver those places, we should not only be permitted to go 
back to Scotland, but conveyed thither. Our commissioners an- 
swered, they had only warrant to treat about the general, and those 



— 66. The articles of rendition. (1648.) 461 

with him, and had no power to treat about those places : so our 
commissioners were sent to know the general's pleasure about Ber- 
wick and Carlisle, who answered, he neither could nor would engage 
for the performance of what was not in his power, since in that 
condition he was in he had no reason to expect obedience to his 
orders from tbe deputy-governors; adding, that he did not set that 364 
value on himself, or his liberty, as for the procuring of it to do any 
thing might so far prejudice the king's service as the delivery of these 
towns would do ; whereupon he dismissed the colonels with some 
very sad expressions. During this treaty the lord Grey of Grobie 
came towards Utoxeter, to whom the general sent colonel Ker to 
tell him he was in treaty with Lambert ; and those who were ap- 
pointed to treat agreed on the following articles : 

66 That James duke of Hamilton his grace, with the rest of the officers 
and soldiers under his command, now at Utoxeter, shall render 
themselves up prisoners of war, with their horses, arms, and all 
other provisions of war, bag and baggage, whatsoever, (except what 
is mentioned in the ensuing articles,) to major-general Lambert, or 
such as he shall appoint, without spoil, concealment, or embezzle- 
ment, by four of the clock this afternoon, upon Utoxeter-heath, or 
some convenient field near unto it. 

II. That the duke of Hamilton, with all officers and soldiers of 
the said Scottish forces at Utoxeter, shall have their lives and safety 
of their persons assured to them, and shall not be pillaged or stripped 
of their wearing clothes, or what they have about them, or other- 
wise wronged, beaten, or abused, upon the delivering up of their 
arms, or afterwards, and shall have civil usage during the time of 
their imprisonment. 

III. That all field-officers, and captains of horse in command, 
shall have each of them a horse provided to ride on, to such places 
as shall be appointed by major-general Lambert for their stay ; each 
colonel in command to have one horse for his servant to ride with 
him, and each commission-officer that is sick or wounded, and not 
able to go on foot, to have one horse provided for himself to ride 
on, and that a safe convoy shall be provided to conduct the prisoners 
to the places they shall be sent to ; and if any that are sick or 
wounded do desire it, they may have liberty to stay at Utoxeter till 
further order from major-general Lambert. 

IV. That the said duke of Hamilton shall have six of his servants, 
such as he shall choose, allowed to wait on him, and each of them 
an horse to ride with him, till they come to the place of stay, and 



462 The duke is in close restraint at Windsor. VI. 66 — 

have none of their wearing clothes, or what they have about them, 
taken from them. 

V. That all treasure and plate remaining in the Scottish army at 
Utoxeter shall be delivered up to such persons as major-general 

Lambert shall appoint. 

Signed, 
Rob. Lilburn, William Lockhart, 

Hezekiah Hayns, James Foules, 

Edward Man waring, James Turner. 

67 Lambert desired them to sign the articles quickly, and he 
would go to Utoxeter to save the duke from Grey of Grobie's 
men : but before he came they had fallen in, not regarding 
the treaty nor the cessation of arms, and had taken the duke ; 
yet Lambert would not look on him as a prisoner till the 
articles were signed, which he ratified, and disclaimed Grey of 
Grobie's taking him, as done in time of treaty and cessation, 
against the law of war and nations : neither was the lord 
Grey empowered by the parliament, so that Lambert having 
authority from them, they were obliged by his treaty and 
articles. The articles were also signed, though not sent back, 365 
sometime before Grey himself came up. 

68 The duke was carried to Derby, from that to Loughbur- 
rough, from that to Leicester, and from that, on the 28th of 
August, to Ashby-de-la-Zouch, where he continued prisoner 
till the beginning of December that he was carried to Wind- 
sor. He was kept under strict guards, and in a close restraint, 
not being permitted to go without the castle, and but seldom 
to walk in the court ; for the second night after he came 
thither, when he was taking a turn in the court after supper, 
he had not walked half an hour, when a sergeant came and 
commanded him to his chamber, though many soldiers were 
looking on : he immediately went to his apartment, and said 
to the lord Bargany, who was prisoner with him, that the ser- 
geant's carriage was a notable instance of the vanity of worldly 
greatness, and the instability of man's condition in this life ; 
since he, who but a few days ago commanded so many thou- 
sand men, was now himself commanded by a private sergeant. 
Soon after his imprisonment the parliament sent two of their 
number, and Hugh Peters waiting on them, to examine him 
in order to the discovering those in England who had con- 



— 7°- Censures passed on the engagement. (1648.) 463 

federated and corresponded with him in this engagement : but 
the examination held not long, for they could draw nothing 
from him, and found none of their arts could prevail (though 
they spared neither promises nor threatenings) to make him 
think of redeeming either life or liberty at so base a rate, his 
honour and conscience being much dearer to him. He told 
them, he could not say he knew anything worth their pains, 
but if he did, nothing, no not torture itself, should ever draw 
it from him. 

69 Thus ended that expedition, the miscarriage whereof occa- 
sioned much censure and reproach ; but those who did im- 
partially reflect on the whole progress of that army ceased 
to wonder, when they saw the ruin of a raw, undisciplined 
army, which, without either artillery or ammunition sufficient, 
was precipitated by an over-hasty march into an enemy's 
country, harassed and wearied with a sad march, in such bad 
weather and way, and encountered by so strong an enemy ; 
who, as he had a well-disciplined and trained army, so he had 
the whole country on his side : and wherever any censurable 
miscarriage was to be fastened, all that were impartial did 
confess the duke free of blame, except for yielding too much 
to other more experienced soldiers, who, upon every inclination 
he expressed of differing from their counsels, told him he was 
ruining the king's service. And just observers, when they 
considered how little care he expressed for preserving himself, 
and how much for preserving the army, how ready he was to 
hazard his own person, how he would not abandon the broken 
remainders of his army, but stayed and run the same fortune 
with them, when others were more careful of their own pre- 
servation ; how he would not preserve himself at the rate of 
delivering up Berwick or Carlisle, judging those places of 
more importance for his majesty's service than his liberty 
could be, or the liberty of that handful was with him ; and in 
fine, how he abhorred so mean a thought as the ransoming 
himself by betraying others with whom he had corresponded ; 
did very much condemn the too great forwardness of some in 
believing those base reports which were spread of his betray- 
ing that army. 

70 But in Scotland things changed no less strangely. The 3^6 
clergy, during the army's march, continued animating the 



464 Lauderdale is sent to hring the prince VI. 70- 

people into an opposition to the engagement : but the commit- 
tee of estates secured the peace of the kingdom by some troops 
they kept in suspected places, and seemed to connive at many 
things which they resolved to punish to purpose when they 
had a good account of their army. About the end of July 
Mr. Murray came to Scotland from the queen and prince, 
with full assurances of their friendship and kindness to them, 
and told them that the prince was ready to come as soon as 
he were sent for, appointing them to send to him to Holland 
whither he was then going ; whereupon the earl of Lauderdale 
was sent by the committee of estates to invite his highness to 
come and command their army, giving him the public faith of 
the kingdom for his honour, freedom, and safety, both during 
his stay with them, and for liberty to leave them when he 
would. He was also to desire his highness would land at 
Berwick, and, for satisfying the people as much as could be, 
that he would bring none with him who were hateful to the 
nation, and would, as the king had always done in Scotland, 
conform himself to their forms of religious worship. 
71 On the 5th of August he set sail first for Yarmouth-road, 
where he heard the prince was with the fleet, but that being 
contradicted, he held his course for Holland ; and as he was 
sailing into the Brill the pilot's boat assured him that his 
highness was gone from thence, but he knew not whither : 
wherefore seeing a man-of-war, who, as they told him, be- 
longed to the prince, he turned his course, and followed him, 
but he could not overtake him. At last a frigate of the 
prince's came astern of him, and told him he was in the 
Downs; so he sailed on with the frigate, and came to the 
Downs on the 10th of August, where he found his highness, 
and prince Robert, with some others of the nobility, and of 
his council, and a very good fleet of about eighteen sail, com- 
manded by the lord Willoughby as vice-admiral. His high- 
ness gave him a very kind reception, and expressed a great 
sense of the loyalty and duty of the Scottish nation ; all that 
were about him were likewise very well-affected to that nation. 
The prince called the earl of Lauderdale to his council, where 
he appointed him to deliver his message, which he did ; and 
the prince, after a day's consideration, gave him a very gra- 
cious answer to every particular, and resolved to go quickly to 



— J2. to command the army '. (1648.) 465 

Berwick, and from that to make all the haste he could to the 
army ; but he was first to go to Holland, where he intended 
to stay some few days. The earl of Lauderdale had got in- 
structions from Scotland to go to the prince of Orange, and 
the States-general, to give them an account of their affairs, 
and to crave their assistance in money, arms, ammunition, 
and shipping; to see also what money could be borrowed 
upon the public faith of Scotland for the prosecuting the en- 
gagement, and to desire from them the three Scottish regi- 
ments that were then in the States' service, and to settle a 
firm alliance with them : and from them he was to go to 
France, with letters to the queen, and to treat with the 
queen mother of France for the assistance of that nation, 
according to the ancient alliances between the crowns of 
France and Scotland. All these instructions being communi- 
cated to his highness, he judged the employment might be of 
good use, but would not let the earl of Lauderdale leave him, 367 
intending to carry him with him to Holland, and was very 
well pleased that sir Robert Murray was appointed to go to 
France, in case the other went not : yet he resolved to carry 
him along likewise to Holland. Upon which the earl of Lau- 
derdale sent advertisement to Scotland, to make ready for 
his highness 1 reception. This was done on the 20th of Au- 
gust, and as the prince was making ready, the sad news of 
the defeat of the army was brought him : so that design 
vanished. 
72 But in Scotland the news of the routing of the army was 
received by the opposite party with all the insultings of joy, 
they adding infamous opprobries to their invectives. Some 
observing that the division of the duke's army, which was its 
ruin, was on the 1 7th day of August, the day in which the 
covenant was first made, which from thence some used to call 
Saint Covenants day, this conjuncture of affairs was held a 
visible declaration of God's displeasure, (for their breaking 
the covenant and their juggling in it,) by those who took 
upon them to expound all God's providences. The western 
counties were commanded and animated to an insurrection 
by the lord chancellor and the earl of Eglinton, together with 
their ministers, who came leading out whole parishes with 
Hamilton. h h 



466 An insurrection in Scotland. — Many in VI. 7 % — 

such arms as could be had, and when these failed, with staves 
and pitchforks and scythes. 

73 When the resolutions for raising an army were taken in 
the parliament, divers of the nobility did dissent from them, 
the chief of whom were Lowdon, who was then lord chancel- 
lor, and Argyle: and now Lowdon, upon the notice of the 
misfortune in England, gave out orders for raising the west- 
ern counties, and all others who would zealously own the 
covenant against the late engagement. Those that were 
raised were at first commanded by the earl of Eglinton, and 
the marquis of Argyle made all the haste he could to come 
down with his highlanders : the earl of Cassilis was slowest 
with his men ; for though he had dissented from the engage- 
ment, yet he was long unsatisfied with the tumultuariness of 
the insurrection, but after some time's consulting about it, he 
came up to them at Linlithgow. 

74 This, together with the sad account of affairs from Eng- 
land, did not a little disorder the committee of estates, who 
as they drew a few troops that were kept in the country for 
their guard nearer them, so were not well resolved what to 
do. They looked on the business as desperate by the ruin of 
the army in England ; and though it was easy to scatter the 
confused bodies were coming from the west, yet they appre- 
hended that certainly they, finding their own weakness, would 
call for the assistance of the English army, before which they 
knew they could not stand. Most of the committee were 
men of good estates, who, apprehending certain ruin to their 
fortunes, were resolved to see to their own preservation the 
best way they could. Others were much addicted to the 
ministers, and though they had gone along with the service, 
notwithstanding the opposition of the clergy, yet now that 
they knew they were resolved to excommunicate all who were 
for the engagement, their hearts failed them. Many of the 
ministers did also represent to them, and some of their friends, 
that their designs being blasted by God, why should they 
fight any longer against him ? and assured them, that if they 
would lay down arms, and accommodate matters without 
blood, all should go well; that they would all own the king's 368 
quarrel, according to the covenant : but if, on the other hand 



— j6. the committee of estates incline to yield. (1648.) 467 

they persisted in their opposition to the church, the English 
army would be called in, which would undoubtedly destroy 
both the country and them. These things prevailed with 
most of the committee of estates. 

75 But the earl of Lanerick opposed all these resolutions, judg- 
ing it base and dishonourable to treat with those rebels, and 
abandon so good a cause because of a misfortune. He thought 
it therefore necessary to recall sir George Monro with his 
forces, and secure themselves of Sterlin and St. Johnstoun, 
and then to raise all the north, by which they might gather a 
new army ; and the time of the year told them that Crom- 
well durst not stay long in these parts : so that upon his going 
to London they might make themselves masters of Scotland, 
and force a new army into England the next year. Yet in 
this he was almost alone, and many of the committee of estates 
plied him hard, especially with one argument, that if more 
blood were shed in Scotland, their enemies would undoubtedly 
revenge themselves on his brother; and then all the world 
would say his ambition to succeed him had made him contri- 
bute to his ruin. But, on the other hand, the ministers and 
their adherents gave great assurances that they should pro- 
cure his brother's liberty if matters were packed up. This 
being constantly pressed on him, he yielded to be passive, and 
let them be doing ; and so after some days' debate they re- 
solved to prosecute the engagement no more, and to pack up 
the business if it were possible : therefore they sent the lords 
of Lee and Humby to the western forces, (who were come in 
their march the length of Hamilton,) to see what their de- 
mands were, and to propose a cessation in order to a treaty ; 
they also sent orders to sir George Monro to return to Scot- 
land. But here I shall stop a little, to give account of the 
motions of his army in England. 

76 Musgrave had got intelligence that Cromwell with his army 
was upon his march to stop the duke's progress, and had ad- 
vanced the length of Skipton castle in Yorkshire ; which ad- 
vertisement was instantly despatched to the duke at Preston, 
and a small party of about forty horse was sent under the 
command of one Galbreath to examine the truth of these 
reports, who returned with this account, that having con- 

. cealed their party within a hedge near that place, some of 

Hh2 



468 An account of VI. 76 — 

them came to a house of their acquaintance, from which they 
sent a servant to Skipton, who brought them assurance of 
Cromwell's being there with an army of about ten thousand 
men, and that he had commanded those of that garrison, 
excepting a few, to be ready to march with him next day. 

77 Sir George Monro being thus informed sent advertisement 
to Preston by divers messengers of both sexes ; but neither 
did this intelligence, nor any sent before, ever come to the 
duke's army, which is attested by many persons of honour 
then in command there ; and indeed those of the army rested 
wholly on Langdale's intelligence. But Monro, considering 
that Skipton was equally distant from Kirbie Lumsdale where 
he lay, and Preston judged that Cromwell's first design was 
upon him ; upon which, and in pursuance of the duke's orders, 
he retired softly upon the way towards Appleby, about four- 
teen miles back: but the second day, having notice that 
Cromwell had taken the road to Preston, he returned to his 3^9 
former station, where he kept both horse and foot night and 
day in readiness. 

78 Two days after that, towards the morning, a small party of 
horse, sent out from the watch upon the Preston road, were 
unexpectedly alarmed with the noise of horse-feet, as it were 
at a good distance ; but those were presently discovered to 
be the scattered troops of the duke's army. Some of them 
were officers of foot, who, as they declared, were commanded 
out from Preston to the assistance of sir Marmaduke Lang- 
dale, whilst he and Cromwell were engaged in a hedge-fight : 
but before they were able to give him relief, Cromwell had 
forced them to retire, and had got in after sir Marmaduke 
betwixt them and the town, and so had separated them from 
the duke's army. There were also some troops of horse who 
were the rear-guard, of whom mention was made in the account 
of the business of Preston, in all about twelve hundred, belong- 
ing to divers regiments of horse : they were earnestly solicited 
by sir George Monro to stay with him till they should hear 
what had become of the duke and his army. But they objected 
their men and horses were very weary, and that there was a 
great want of horseshoes amongst them ; and so excused 
themselves, and said they should only go to some of the nearest 
villages, where they might be refreshed : but they went straight 



~79« the Irish army. (1648.) 469 

to Scotland through Westmoreland and Northumberland, 
spoiling and plundering all these counties as they passed ; 
which made great outcrying, and was charged upon the forces 
commanded by sir George Monro, (who not long after fol- 
lowed them,) but very unjustly. 
79 At Kirbie-Lumsdale sir George Monro and the gentlemen 
who were with him stayed a few days, to learn the certainty 
of the duke's condition, the reports whereof changed hourly : 
but fearing the worst of the duke, and the danger of being 
surprised, they retired to Kirbie- Steven ; and getting no cer- 
tain advertisements of the duke or his army, thought it fit 
to send for advice to Scotland, and to be still drawing north- 
ward through Northumberland. When they came to Morpeth, 
colonel Hamilton, general of the artillery, came to them from 
Edinburgh, with orders from the committee of estates to take 
Newcastle, or at least to fortify themselves where they were, 
and attend the duke's coming, whose army they still judged 
to be safe, and that it was like he would return through 
Yorkshire : but they got soon after that the certainty that 
the duke's army was wholly lost, and that Cromwell with a 
great part of his army was on his march to fall upon them. 
Upon this they took their way for Berwick, and met new 
orders from Scotland, giving notice of a great insurrection in 
the west, and thereupon requiring them with all possible 
speed to hasten to Cockburn's-path, where the committee of 
estates was to meet them. They also ordered them to suffer 
none of the English forces to come to Scotland with them, 
which was executed at Berwick ; great complaints being made 
by the English gentlemen of that inhuman usage. Upon the 
way from Berwick, it was told sir George that he had need 
to look to himself and those with him, since the committee 
of estates, even after they had called for him to their assist- 
ance, and were forced, by the multitudes of armed men draw- 
ing from the west towards Edinburgh, to fly to him for safety ; 
yet had passed an act not to prosecute the engagement any 
further, and that they had entered already upon a treaty with 370 
the other party, and had employed the lords of Lee and Humby 
to go to them with propositions. He reflecting on these news, 
and the orders he had received not to let any of the English 
nation cross Tweed, thought there was no more intended 



470 The Irish army returns to Scotland, VI. 79 — 

but to make use of him as an engine for a safe off-coming : 
but though Argyle sent his brother to him, inviting him to 
his party with great offers, yet he rejected that proposition, 
and hasted forward to CockburnVpath, where he found no- 
body. He lay a night or two there, and got orders to march 
to Hadingtown, where the earls of Crawford, Glencairn, and 
Lanerick met him, who had got together some of the scattered 
troops belonging to the regiments that had left the duke at 
Preston. And at Gladesmoor, all the forces were put in 
order, which upon rendezvous were above three thousand 
horse and two thousand foot ; from thence they advanced to 
Musselburgh, near which a party of seven or eight hundred 
horse of the western army were come from Edinburgh to 
view the fields. They, upon discovery of the march of the 
forces from Gladesmoor, retired, leaving a troop at the bridge, 
who at the approach of sixteen horsemen run away in all 
haste, and so escaped with the loss of some few that were 
taken prisoners. 

80 These earls lodged that night at Inneresk, and agreed next 
day to march by Edinburgh upon the south side, to shun the 
danger and straits of the way by Leith, which was beset by 
that new army from the west, though Monro offered with his 
forces to clear the way to them ; but the greatest part of the 
committee were resolved not to engage in blood. The western 
army was now some way modelled, and commanded by the earl 
of Leven as general, David Lesley as lieutenant-general, and 
Robert Montgomery and sir John Brown as major-generals. 
Some of the ministers were earnest for fighting, not doubting 
but their enemies would fly before them; but the military 
men understood well enough their own weakness, and there- 
fore would not engage. All this while the lords of Lee and 
Humby were very diligent, posting night and day betwixt 
those in Edinburgh and the committee of estates, to mediate 
an accommodation betwixt both parties, but hitherto without 
any effect. 

81 The committee of estates took their way by Pentland-hills, 
where they lay that night : next day they did march by Col- 
lingtown and Christorphen, and so towards Linlithgow, pur- 
posing to hinder the conjunction of some new additions of 
forces from the west, led by the lords of Cassilis, Kircudbright, 



— 84. and fell on Ar gyle at Sterling. (1648.) 471 

and Argyle : as also to fix themselves at Sterlin, as a secure 
place, and convenient for maintaining their army, and for 
raising the whole country on the north of Forth, or fighting 
if occasion should offer. 

82 At Linlithgow the earl of Oassilis, with about four or five 
hundred horse, was almost surprised ; but by the darkness of 
the night he escaped towards Burroughstownness, and the 
QueenVferry, and so to Edinburgh. 

83 Lieutenant-general Lesley with his new army followed upon 
the other's rear near Linlithgow, but was loath to engage, hav- 
ing little confidence in his men, although he was hard pressed 
to it, for preventing the danger Argyle might fall into at 
Sterlin ; and sir George Monro would willingly have turned 
upon him, but that he was earnest once to be at Sterlin, 
where he hoped to fall upon Argyle and his party, and there- 
fore hasted forward. 

84 At Larbour he was assured that Argyle, with about sixty 371 
horse and a thousand foot all highlanders, was in the town of 
Sterlin, keeping a committee, and treating with the castle 
(wherein was the king's garrison commanded by Norman 
Levingstoun) for a surrender; upon that sir George hasted 

on with the cavalry, commanding the foot to follow in order 
as fast as they could, which they did at a good pace. A gen- 
tleman coming from Sterlin met sir George about St. Ninians, 
and told him that the Barras-port was shut and manned, and 
that he must pass through the park, round about the castle, 
to gain the bridge, and prevent Argyle's flight : and as he 
came near the castle, the governor displayed the king's co- 
lours upon the walls, and caused the cannon to play upon the 
bridge, where he perceived some of Argyle's people withdraw- 
ing. The difficulties sir George met with in opening the 
park gate, and breaking down some stone walls to make a 
passage for the horse, gave time to the marquis of Argyle to 
get himself and his troopers mounted. They passed the 
bridge in haste a very little before sir George, who with five 
horsemen pursued them a good way : the highlanders, march- 
ing close together, to pass after their lord, were assaulted by 
the first troop that came up after sir George : they made 
some sort of confused resistance, but were instantly trod 
down and scattered, and forced to call for quarter ; about a 



472 A treaty is pursued. VI. 84 — 

hundred were killed and drowned attempting to swim the 
river, the rest taken prisoners, being betwixt eight or nine 
hundred. 

8 5 Upon this, orders were despatched from the committee of 
estates for raising all the fensible men in the northern shires, 
to join with those at Sterlin, and Lanerick went to Perthshire 
to invite the nobility to join. Upon which the lord Ogilvy 
and the lord Drummond came with some propositions to the 
committee of estates ; yet all means were essayed to bring the 
matter to a treaty. The earls of Crawford and Glencairn had 
drawn the earl of Buckleugh, and Mr. Robert Douglas and 
Mr. Robert Blair, two leading ministers, from Edinburgh to a 
private conference with them, where Crawford and Glencairn 
moved, that the committee sitting at Edinburgh might come 
and reside there for perfecting of the treaty, whilst their forces 
should continue at Sterlin ; which was flatly denied them. 

86 Here the ministers were very earnest with these lords that 
matters might be accommodated. The lords moved, that 
nothing might be done to derogate from the authority of par- 
liament and committee of estates ; that the officers and sol- 
diers then in arms by their authority might be provided for 
and entertained ; that at least, if there was no further use for 
their service, the articles agreed to by the parliament for 
these forces^ that came from Ireland might be duly kept to 
them, and that some consideration might be given to the rest 
of the forces that were to be disbanded ; that none who had 
entered into that engagement might be questioned for it, but 
enjoy still their offices, honours, and fortunes, and other civil 
places ; that an effectual course might be agreed on for the 
relief of their friends detained prisoners in England; and 
finally, that the committee might sit with freedom in the 
ordinary place, and by advice of the church consider of the 
dangers of religion, of his majesty and his posterity, and of 
the peace and safety of his kingdoms, that so, by joint advice, 
such ways might be taken as would best secure religion, pre- 
serve his majesty and his posterity, and quiet the distempers 37 2 
of the kingdom. 

87 The ministers on the other hand proposed that all armies, 
whether in the fields or in the garrisons of Berwick or Car- 
lisle, should be presently disbanded; that the securing the 



— 9°- A treaty is pursued. (1648.) 473 

interest of religion might be referred to the general assembly 
or their commissioners, and all civil differences to the deter- 
mination of a parliament, to be speedily called ; that in the 
mean time there should be a committee of estates, in which 
none should be admitted that had concurred in the late en- 
gagement : but withal they gave them good assurances, both 
for the prisoners in England and for themselves, that no pre- 
judice should follow on any for their accession to the engage- 
ment ; and when the earl of Glencairn said, perhaps nothing 
would be kept of all that should be agreed to, Mr. Douglas 
answered, that if but a tittle of the agreement were broken, 
all the pulpits in Scotland should declare against it. 

88 But now Argyle, having escaped from these who pursued 
him, was joined to the western forces, commonly called Whig- 
gamores ; and he, being irritated with what befell him at Ster- 
lin, was for severer methods. They resolved to invite the 
English army to their assistance, to which Cromwell was not 
backward, both that he might recover Berwick and Carlisle, 
and destroy all the king's friends. The Whiggamores did also 
know well how averse the committee of estates were from en- 
gaging into action, and that they intended to make peace on 
any terms : therefore they grew high in their propositions, 
and at Sterlin the other party was much divided ; for most of 
the committee of estates were for a treaty, and most of the 
officers of the Scottish forces were capitulating for themselves. 

89 The chief arguments proposed to persuade the necessity of 
this agreement, were, the improbability, if not impossibility, of 
resistance, if Cromwell should join the enemy, who had already 
invited him to Edinburgh by a message sent him to Berwick 
by Argyle, Elcho, and other two commissioners, which they 
doubted not but he would accept ; the fear this conjunction 
would beget in the country would hinder their rising, and 
drive their army either to a want of subsistence, or to destroy 
their friends, and turn them malecontents first, and then ene- 
mies ; but above all, some pretended the fitness of preserving 
the king's friends and favourers to a better opportunity for 
his service, which they hoped would quickly offer itself. 

90 It was objected against the treaty, that the relief of their 
prince from such a cruel captivity was a just cause ; that they 
had law and authority upon their side, and so ought not to 



474 Articles offered for a treaty. VI. 90 — 

be diffident of success, or fearful that lawless rebellion, how 
strong soever, should prosper; that their enemies joining 
with Cromwell and his army of sectaries, would make them 
the more hated, and quickly discover that it was not reli- 
gion and reformation they intended, as they always gave out, 
but that they sought the government and worldly ends, 
whereupon many of both nations would fall from them ; that 
the king's safety, and the preservation of their friends then 
prisoners in England, depended much upon them, and their 
continuing in arms; that they were bound to continue in 
their duty, and wait for what change God would bring about, 
and that suppose good conditions were granted, what assur- 
ance could be given for the performance of them ? Those who 
opposed the treaty were the earl of Lanerick and most of the 373 
Irish officers. In end Lanerick was prevailed with to give 
way to it, which he did not only then declare was against his 
heart, and done merely to prevent a rupture that had other- 
wise followed among themselves, but he continued to his death 
condemning it, whatever seeming colours of reason might be 
given for it. The officers of the army brought from Ireland, 
seeing they would be infallibly ruined if they were deprived of 
the authority of the committee of estates, were likewise forced 
to give way to a treaty ; so the following articles were agreed 
on and sent to the Whiggamores : 

91 We being servants to the state, and unwilling to engage in a 
civil war, do conceive ourselves obliged to remit the ways of prose- 
cuting of all duties to religion, and to our king, to the determination 
of church and state ; and let them move in it as they will be an- 
swerable to God, our lives shall ever be ready to be exposed to all 
hazards for the good of both : and if all duties for them, and for our 
friends' release in England shall now be deserted, let the blame be- 
fore God and men lie upon the obstructors of it. And if no further 
use be made of our service, we do demand, 

I. That security be given to all who are or have been engaged in 
this service, for their persons, honours, and estates, whereby they 
may be free from all dangers, prejudices, and censures whatsoever, 
whether ecclesiastical or civil, for their accession to the late engage- 
ment, or any thing done by them relating thereunto, or to this pre- 
sent service, for our own defence ; and this to be confirmed by act 
of parliament or the lawful authority of the kingdom. 



-92. Answer sent to the offer. (1648.) 475 

II. That in regard of our extraordinary charges and loss, one 
month's pay be instantly delivered us for payment of the Irish forces, 
and that boats and ships be presently provided for their transportation 
to Ireland ; and for preventing all disorders upon their march through 
the west country by free quartering, we do desire that a regular 
course may be taken for their entertainment during their abode, 
which shall be no longer than wind and weather shall serve, and 
boats be provided to transport them. 

III. That one month's pay be provided for the Scottish forces, 
and that they be not disbanded until the Irish forces be transported, 
or that sufficient pledges be delivered for performance of what is 
desired, and that their disbanding and transportation be done by 
authority of the committee of estates. 

These reasonable demands being performed, we the Irish are ready 
instantly to march towards any part of the west coast which shall be 
thought most fit for our transportation into Ireland, and we the 
Scots instantly to disband ; otherwise, rather than expose our lives 
and fortunes to the mercy of any, by the want of fitting assurances 
for what is past, or the loss of our honours by deserting the interest 
of those commanded by us or who join with us, we are resolved 
to sacrifice ourselves at the dearest rates we can, and take God to 
witness how free we are of the guilt and consequences that may 
follow thereupon. 

We have appointed our commissioners to stay no longer than six 
o'clock at night to-morrow the 19th, and that the treaty shall then 
end, and the cessation to expire eight hours thereafter, unless the 
desires above-mentioned be fully granted. 

Signed, by the warrant and at the command of the officers 
and others now in arms, by authority of the par- 
liament of the kingdom of Scotland. 

Sterlin, \8th September. T 

1648. Jo. Spalding. 

92 To these they had the following answer returned them : 374 

We have considered the desires of the officers and soldiers at 
Sterlin, and do return this answer : 

That the imputation of neglecting all duties to religion and to the 
king, mentioned in the preface to the articles, cannot be charged 
upon us, who have never been wanting in the use of all lawful means 
to prosecute the ends of our solemn league and covenant ; but upon 
those who joined in the prosecution of the late unlawful engagement 
against our neighbour-nation of England, which hath been destructive 
to all those ends. 



476 Answer sent to the off er for a treaty, VI. 92 — 

Touching the first article, we refer you to the answer given in our 
former papers ; and do here again declare, that we shall not challenge 
any of your number for their lives and estates, but shall endeavour to 
secure them, so far as we can, without approbation of their actions or 
breach of the covenant and treaties. And for that which concerns 
exemption from church -censures, we cannot meddle therein with- 
out breach of covenant, but must refer you to the judicatories 
of the kirk, to whom you make your own address, and receive 
answer. 

Concerning the second and third article, we refer you to the an- 
swer given by our commissioners to the commissioners on your side, 
which was, that we held it unreasonable that they should desire any 
thing from us, or any other who adhere to us, for satisfaction of 
their officers and soldiers, because we will not involve ourselves in 
any thing which may import any accession to the late engagement, 
or may be the ground of a quarrel to England against this kingdom : 
but if they had real inclinations to peace, they and their adherents 
might without our accession thereunto take course amongst them- 
selves for giving satisfaction to their officers and soldiers ; and there- 
fore we did desire, and do now again renew the same, that all their 
forces, and the forces of those who adhere unto them, may be dis- 
banded betwixt this and the 25th, at furthest the 28th, of this month, 
September, and that none of them be found together after that time 
in troops, companies, or regiments ; and we shall betwixt this and 
the said day disband all our forces, and none of them after that time 
shall be found in troops, companies, or regiments ; for the punctual 
observance whereof on both sides mutual pledges are to be given, 
and further we cannot say in answer to these articles. 

If you shall not agree to the desires made in our last paper of the 
16th of this instant, and not rest satisfied with these answers, but 
shall continue in arms to the disturbance of the peace of this king- 
dom, and persist in the causes in the which you are now engaged, 
contrary to the declaration of the general assembly and their com- 
missioners ; 

We do hereby certify you, that all who have been active in the 
late engagement, as well those in England as those in this kingdom, 
and all such as have or shall hereafter join with you, are to be de- 
clared enemies to both kingdoms, and that this kingdom will be ne- 
cessitated to concur with the kingdom of England for punishing 
them accordingly as breakers of the covenant and treaties. 

We leave it to you seriously to consider, whether the ways and 
courses you are upon be really for the good of the king and this 



-97. which is concluded. (1648.) 477 

kingdom, or a safe way for the relief of your friends that are prisoners 
in England. 

Signed, 
By warrant and command of the noblemen, officers, 
and gentlemen now in arms for the covenant, 
Edinb. 20th Sept. 1648. Tho. Henderson. 

93 After some days treating upon the heads wherein they dif- 375 
fered, the treaty was finished upon the 26th of September, 
those at Sterlin yielding to the propositions made by the 
Whiggamors. 

94 And it was agreed that the Irish army should be suffered 
to march to Ireland, and should have free passage thither ; 
that none should be questioned for what was past ; only that 
all who had been in the engagement should lay down their 
offices and places of trust, and not be permitted to sit in any 
judicatory, and that all public matters should be referred to 
the determination of the parliament and the general assembly. 

95 It was very soon after the closing of the treaty remarked 
how small regard was had to it; for the troops being once 
dissipated, and those who were to go to Ireland being on their 
march thither, there came news that the garrisons of Carrick- 
Fergus, Belfast, and Culrain, belonging to the Scottish army 
in Ireland, under the command of major-general Eobert Monro, 
were basely betrayed under trust by his own officers and 
countrymen into the hands of general Monk, for the parliament 
of England. 

96 This being spread about, the people of the west country 
fell upon those who were returning to Ireland, plundered, 
abused, and dispersed them in their way betwixt Glasgow and 
Ayr : and after a few days a proclamation was issued out at 
Edinburgh, commanding all persons, who had been in the 
army designed by the name of the unlawful engagement, to 
remove at least twelve miles from town, under pain of im- 
prisonment, Cromwell being on his way thither. 

97 And thus ended the design of the engagement, gallantly 
undertaken and well contrived, but unfortunately and fatally 
brought to nothing. The Whiggamors having now possessed 
themselves of the power, their leaders did constitute them- 
selves into a committee of estates, for hitherto they had acted 
in no legal character. There were divers among them who 



478 Some of the committee of estates VI. 97 — 

were by authority of parliament commissionated to be of the 
committee of estates, but with this express provision, that 
they should not be capable of sitting there till they had owned 
the resolutions and declarations of the parliament ; for divers 
of those who dissented were named to be of the committee, 
that so there might be a fair way for bringing them off from 
their opposition. But now all these, without regarding that 
provision, pretended they were a quorum of the committee of 
estates, and that so they were warranted by authority of par- 
liament to act in that supreme authority. They sent a message 
to the king in their usual style, and were very careful to give 
no umbrage to the parliament of England ; and so not only 
entertained Cromwell with all the expressions of friendship 
and confidence imaginable, delivering Berwick and Carlisle to 
him, but sent commissioners with the following instructions 
to the two houses : 

98 You shall repair to London, and deliver our letter to the honourable 
houses of the parliament of England. 

You shall excuse the long delay in sending to them, and in the 
mean time let them know we hold correspondence with the com- 
mander in chief of their forces. 

You shall give them a narrative of our whole proceedings ac- 
cording to the declaration of the kirk, and our own ; particularly 
you shall acquaint them with our proceedings in oppposition to the 37" 
late unlawful engagement, and what industry was used on the other 
part for the election of malignants to be members of parliament, and 
how unlawfully some were admitted to sit in parliament ; and great 
numbers of malignants were brought in from England to overawe 
the honest party, and how many of the army were corrupted. 

And you shall further represent particularly the great sufferings 
and oppressions of honest men, and that before they heard any 
thing of the defeat of the forces under duke Hamilton in England, 
they had resolved on the manner and time of their rising in arms 
here in this kingdom, against the promoters and abettors of that en- 
gagement, and their adherents. You shall also shew them the result 
of the treaty betwixt us and those armies about Sterlin, and how 
useful their forces have been to us by being at so near a distance. 

You shall endeavour to take away all misinformation or miscon- 
structions of any of our former proceedings, and settle a good under- 
standing betwixt them and the honest protesting party in Scotland : 
and you shall shew them the continued evil principles, malice, and 



-98. give instructions to the two houses. (1648.) 479 

designs of the malignant party in this kingdom, yet to trouble our 
peace and interrupt theirs, and as they call it, not to live and out- 
live the not carrying on so pious and loyal an engagement : and 
that some of them are going to Holland with an intention, as we 
are informed, to bring over forces if they can : therefore we have 
caused deliver Berwick to be disposed of for the good of both king- 
doms, and given the like warrant for Carlisle ; and that it is also 
surrendered or presently to surrender for the use foresaid. So we 
agree during these troubles, until the peace of this kingdom be 
settled, that the honourable houses may keep some forces upon the 
borders, and sufficient garrisons in them both, upon a twofold assur- 
ance : first, that in case any new troubles be raised in Scotland by 
the malignants, both they and the forces about Newcastle have di- 
rections from the parliament to come unto Scotland, to pursue the 
common enemy when they shall be desired by the committee of 
estates, as it is now constituted of the protesting party in Scotland : 
and secondly, that the parliament shall remove all garrisons out of 
those two towns, and from our borders, and put them in the condi- 
tion agreed on by the treaties betwixt both kingdoms, whensoever 
the troubles are at an end, and the peace of the kingdoms settled. 

You shall shew how desirous and willing we are to hearken to 
any good overture that may conduce to prevent any such-like breaches 
again betwixt the two nations, and that it may not be in the power 
of malignants again either to seduce or to enforce upon the people 
the like sin and snare ; and for mutual consultation, we think it ex- 
pedient both that they should have some honest noblemen, commis- 
sioners, here to reside at Edinburgh, and that we shall have some at 
London, that by commutation of counsels our common peace may 
be the better settled and continued. 

You shall try if the treaty betwixt the king's majesty and the two 
houses of parliament be like to take effect, and shall study to pre- 
serve the interest of this kingdom in the matter of the settling of the 
peace of these kingdoms : and if you shall find there are real grounds 
to hope an agreement betwixt the king and the two houses, in respect 
both kingdoms are engaged in the same cause and covenant, and 
have been and still are under the same dangers, and to the end our 
peace may be more durable, you shall endeavour that before any 
agreement of peace be made we may be first acquainted therewith, 377 
that we may send up commissions in relation to the treaty with the 
king, upon the propositions, and in relation to mutual advice, for the 
settling of the peace of these kingdoms, and accordingly as you find 
the two houses inclined therein you shall give us advertisement. 



480 Lanerick escapes to Holland : VI. 98 — 

You shall, according as upon the place it shall be found expedient, 
present the same desires to the two houses of parliament in name of 
this kingdom, touching the work of reformation, as shall be pre- 
sented to them from this kirk. 

You shall assist Mr. Blair in this employment, and take his advice 
and assistance in yours, and give us advertisement weekly how all 
matters go. 

You shall publish all papers, either concerning the proceedings of 
the church or of the protestors, which are necessary to be known. 

You shall endeavour to keep a good understanding betwixt us and 
the city, and the assembly of divines, and strive to remove all 
jealousies betwixt us and them, or betwixt honest men amongst 
themselves. 

You shall endeavour that honest men who have suffered for op- 
posing the engagement be not prejudiced, but furthered in payment 
of the sums assigned unto them before the engagement out of the 
two hundred thousand pound sterling, and brotherly assistance for 
public debts or losses. 

You shall acquaint the speakers of both houses with his majesty's 
letter to this committee, and our answer sent to him. 

You shall desire that the noblemen and gentlemen of quality, and 
considerable officers of the army that went into England under the 
duke of Hamilton, and which are now there prisoners, may be kept 
as pledges of the peace of the kingdoms, especially to prevent a new 
disturbance in this kingdom, or trouble from this kingdom to Eng- 
land, until the peace of both be settled. 

You shall acquaint the two houses with our answer to that of L. 
general Cromwell's of the sixth of this instant, and make use of the 
grounds therein mentioned as you shall find occasion. 

99 Their next care was to look well to Lanerick and the other 
engagers, lest they should attempt somewhat against them ; 
the account of which shall be set down in a letter Lanerick 
wrote to the lord chancellor when he left Scotland. For in 
the end of January the earl of Lauderdale came from Holland, 
being commanded by the prince to see what might be done 
there : but he found all so discouraged and overpowered, that 
no good was to be expected ; and he got advertisement from 
the lord Balmerino, that they designed to secure both Lanerick 
and himself, and, as it was believed, would deliver them up to 
the parliament of England as incendiaries ; whereupon they 
both resolved to go beyond sea, in the same ship in which 



— ioo. Ms letter io the lord-chancellor. (1648.) 481 

Lauderdale came, and to offer their service to the prince. The 
letter follows : 
100 My Lord, 

Albeit the proceedings of the late committee, constituted of dis- 
senters, against me, was without precedent in confining me, a free 
subject, (who was neither guilty, nor so much as accused of any guilt 37^ 
or breach of the laws of the kingdom,) for declining to sign a de- 
claration and bond, which even they themselves conceived (injustice) 
they could not enjoin me to sign : yet I did submit, and went not 
without the bounds limited for my confinement, until I was cer- 
tainly informed that upon Wednesday last, at a private and select 
committee, it was resolved I should instantly be committed, and the 
little liberty left me taken from me ; for it seems that these private 
persons (I speak not of judicatories) who procured the severe in- 
structions given those employed to London, against my brother the 
duke of Hamilton, and the many noble and gallant persons who are 
now in bonds with him for their loyal endeavours to have rescued his 
majesty from being murdered, are not satisfied, or think themselves 
secure, while any enjoy their liberties, who would have been instru- 
ments in that pious duty to our sovereign ; therefore I am forced to 
seek shelter and protection abroad, since innocency and law, and even 
treaties and public engagements, prove now too weak grounds for 
securing me at home. And though this rigid and unparalleled pro- 
cedure against me might have tempted the dullest and calmest 
nature to some desperation, yet 1 have still preferred the peace 
and quiet of Scotland to all my own interests ; and I do ingenuously 
declare upon my honour unto your lordship, that I neither have had, 
neither do I know of any design from abroad or at home of inter- 
rupting the same : and now in whatsoever corner of the world it 
shall please the Lord to throw me, as I shall endeavour (by his 
assistance) to maintain my loyalty to my prince untainted, so I shall 
still preserve a perfect affection to the peace and happiness of my 
country. My prayers to God shall be, that it may yet be instru- 
mental of advancing the work of reformation, and so fixing the 
crowns of these kingdoms upon the head of our sovereign lord the 
king, and of his royal progeny after him, that faction and rebellion 
may never be able to shake or interrupt their government; that 
loyalty may lose the name of malignancy, and a good Christian may 
with safety and without scandal be and profess to be a good subject ; 
that the acts of unquestionable parliaments, and the decrees of other 
sovereign judicatories of this kingdom, may be security sufficient to 
the subjects to govern their civil actions by ; that they may be free 
Hamilton. i i 



482 Much pains is taken to draw discoveries VI. 100 — 

of arbitrary exactions and impositions, and may enjoy with truth 
and peace their estates and liberties, without the tyrannous encroach- 
ments of great men, and other empowered persons : and I am con- 
fident that the God of heaven, who will judge all the judges on 
earth, will avenge the wrongs of the oppressed, and in his own 
time restore me again to my country, who am now forced by unjust 
persecution to flee from it. This I shall patiently wait for, and give 
your lordship no more trouble, but desire you to make what use of 
this you think fit, from, 

My lord, 
Dirleton Your lordship's most humble servant, 

25th January, 1649. LANERICK. 

101 But now I return to prosecute what remains to be said of 
the duke. 

Anno 1649. 379 

102 On the 4th of December orders were sent to bring him to 
Windsor, and he came thither the nth of that month. He 
was lodged in the house of one of the poor knights of Wind- 
sor, and kept under strict guards; yet on the 21st of that 
month, as the king was carried through Windsor, he prevailed 
so far with his keepers as to permit him to see his majesty : 
and as he passed he kneeled down, and with a transport of 
humble sorrow kissed his hand, and had only time to say, 
My dear master! the king embraced him very kindly, and 
said, i" have been so indeed to you : but they were parted, and 
suffered to have no discourse. It may easily be imagined 
with what sorrow he followed the king with his eyes as far as 
he could see him, knowing he was to do so no more : nor did 
he much regrate his present trouble or imminent danger, all 
his thoughts being swallowed up in sorrow at the considera- 
tion of his master's ruin, which was then no more to be 
doubted; the army and house (as it was then modelled, or 
rather forced) having avowed their design against his person, 
and thrown off the disguise with which they had long masked 
themselves. 

103 The parliament of England had upon the matter condemned 
the duke to perpetual imprisonment, by setting an hundred 
thousand pound sterling for his ransom, which sum could not 
be raised by him at a time when by the debts he had con- 
tracted in the king's service his fortune was fallen so low. 



—104. from Lanerick, but in vain. (1649.) 483 

Cromwell came several times to him, to draw from him some 
discoveries of his correspondents in England, and gave him 
great assurances of life, rewards, and secrecy ; but he rejected 
the proposition with horror and disdain, though often re- 
peated ; and apprehending they might, get his brother into 
their hands, sent him at that time the following note, which I 
set down though unfinished, and written with the juice of a 
lemon : 

I under the power of the sword and merciless men, no favour to 
be expected, oft examined, but nothing discovered, being ignorant : 
perhaps you will abide the same trial ; beware, if you do. 

104 The 30th of January was that fatal and never-to-be-for- 
gotten day wherein his sacred majesty, after the pageantry of 
a trial, to add the appearance of justice to so base and bar- 
barous a murder, was beheaded, to the amazement of all Europe, 
by an unexampled practice in any monarchy. But the par- 
ticulars of his royal constancy and Christian patience being so 
punctually related by others, I shall not stand to repeat what 
is already known: but having proposed to myself nothing 
more in this whole work, than to let the world see the great 
piety and strictness of conscience that blessed prince carried 
along with him in all his affairs, and to publish such remains 
of his pen as had not been formerly seen or known. I shall 
therefore insert a copy of verses written by his majesty in his 
captivity, which a very worthy gentleman, who had the honour 
of waiting on him then, and was much trusted by him, copied 
out from the original, who avoucheth it to be a true copy. 

MAJESTY IN MISERY; 381 

OR, AN IMPLORATION TO THE KING OF KINGS. 

Written by his late majesty king Charles the First, during his captivity at 
Carisbrook Castle, anno Dom. 1648. 

Great Monarch of the world, from whose power springs 
The potency and power of kings, 
Record the royal woe my suffering sings ; 

2 
And teach my tongue, that ever did confine 
Its faculties in truth's seraphic line, 
To track the treasons of thy foes and mine. 



484 Verses written by VI. 104 — 

3 
Nature and law, by thy divine decree 

(The only root of righteous royalty) 

With this dim diadem invested me, i 

4 
With it, the sacred sceptre, purple robe. 

The holy unction, and the royal globe : 

Yet am I levelled with the life of Job. 

5 
The fiercest furies, that do daily tread 

Upon my grief, my gray dis-crowned head, 

Are those that owe my bounty for their bread. 

6 

They raise a war, and christen it the cause, 

Whilst sacrilegious hands have best applause. 

Plunder and murder are the kingdom's laws ; 

7 
Tyranny bears the title of taxation, 

Revenge and robbery are reformation, 
Oppression gains the name of sequestration. 

8 
My loyal subjects who in this bad season 3" 2 

Attend me (by the law of God and reason) 
They dare impeach, and punish for high treason. 

9 
Next at the clergy *do their furies frown, 

Pious episcopacy must go down, 

They will destroy the crosier and the crown. 

10 
Churchmen are chained, and schismatics are freed, 
Mechanics preach, and holy fathers bleed, 
The crown is crucified with the creed. 

ji 
The church of England doth all faction foster, 
The pulpit is usurp'd by each impostor, 
Ex -tempore excludes the Pater-noster. 

12 
The Presbyter and Independent seed 
Springs with broad blades ; to make religion bleed, 
Herod and Pontius Pilate are agreed. 

The corner-stone's misplaced by every pavier ; 
With such a bloody method and behaviour 
Their ancestors did crucify our Saviour. 



104. king Charles the First. (1649.) 4 ^ 

14 
My royal consort, from whose fruitful womb 
So many princes legally have come, 
Is forc'd in pilgrimage to seek a tomb. 

Great Britain's heir is forced into France, 
Whilst on his father's head his foes advance : 
Poor child ! he weeps out his inheritance. 

16 
With my own power my majesty they wound, 
In the king's name the king himself 's uncrown' d : 
So doth the dust destroy the diamond. 

With propositions daily they enchant 

My people's ears, such as do reason daunt, 

And the Almighty will not let me grant. 

18 
They promise to erect my royal stem, 
To make me great, t' advance my diadem, 
If I will first fall down and worship them ; 

19 
But for refusal they devour my thrones, 
Distress my children, and destroy my bones ; 
I fear they'll force me to make bread of stones. 

20 
My life they prize at such a slender rate, 
That in my absence they draw bills of hate, 
To prove the king a traitor to the state. 

21 
Felons obtain more privilege than I, 
They are allow'd to answer ere they die, 
'Tis death for me to ask the reason why. 

22 
But, sacred Saviour, with thy words I woo 
Thee to forgive, and not be bitter to 
Such as thou know'st do not know what they do. 

. 23 
For since they from their Lord are so disjointed, 

As to contemn those edicts he appointed, 

How can they prize the power of his Anointed ? 

Augment 



486 The duke escapes from Windsor, VI. 104— 

24 
Augment my patience, nullify my hate, 
Preserve my issue, and inspire my mate, 
Yet though we perish, bless this church and state. 
Vota dabunt quae bella negarunt. 

105 But I go on from this sad subject to the tragical conclusion 3 84 
of the duke's life. 

10 6 The news of that murder sunk the duke's thoughts into a 
deep sorrow, which he carried with him to his grave : he well 
saw his own danger, knowing that those who had broken all 
the bonds of loyalty and duty were not to tie themselves to 
the faith of a capitulation or articles, though granted by a 
person empowered by them; and therefore he designed an escape 
from Windsor that night, which was contrived by his faithful 
servant Mr. Cole, afterwards one of the king's querries, who 
during his imprisonment had liberty to go and return from 
London, which he did very frequently, bringing him an account 
of what passed. And the duke having gained his keeper, 
ordered Mr. Cole to send a trusty servant with two horses to 
Windsor ; which accordingly he did ; advertising the duke not 
to come to the city till seven o'clock in the morning, and then 
Mr. Cole was to come to him near London, and bring him to 
some secure house in the city ; whereupon at night, about the 
time of shutting the gates, the duke made his escape freely 
out of the castle, without suspicion, and came to the place ap- 
pointed, where his servant and horses waited for him. But he 
fatally went from the resolutions he had laid down with Mr. 
Cole, and would needs go in the night to Southwark, thinking 
to have got to Mr. Owen's house, who was acquainted with 
the business ; not considering what had been told him of the 
guards that were about the city all the night, so that there 
was no coming to it but in the day : and all things concurring 
to hasten him to his grave, there was that night a party of 
horse and foot in Southwark searching for sir Lewis Dyves 
and another, who had escaped the night before. Some of them 
meeting the duke in the streets about four in the morning, 
where he had long knocked at a door, took him and examined 
him : he told them a very formal story of himself and his 
business, which at first satisfied them ; but they observed, that 
as he took a pipe of tobacco by them, he burned several great 



— 107. hut is retaken in Southwark. (1649.) 487 

papers to fire it ; whereupon they searched him, and found 
such papers about him as discovered him. It was not before 
the next morning that he was missed at Windsor, for that 
night he made his escape there came an order from Cromwell 
to the governor of Windsor to make him close prisoner, and 
put all his servants from him, who thereupon ordered the 
captain of the guard to go about it ; but he hearing the duke 
was a-bed, delayed it till next morning, and then found he 
was gone. It being discovered that Mr. Cole had ordered 
the duke's escape, many advised him to go out of the way ; 
but he resolved rather to die than to leave his master at such 
a time, and made a shift to come at him that same evening. 
When the duke saw him, he lifted up his hands, and said, It 
was God?s will it should he thus. That night Mr. Cole was also 
taken, and sir Hardress Waller examined him, but drew no- 
thing from him, whereupon he was made close prisoner ; yet 
when the duke was brought to his trial he procured his liberty, 
for the averment of some particulars of his plea. 
107 The duke being thus unfortunately retaken, he was com- 
mitted to prison at St. James's, in the same room where the 
earl of Norwich, the lord Capel, and sir John Owen were 
prisoners, and then all saw in what danger his life was: 
whereupon great endeavours were used and strong applica- 
tions made in Scotland to the marquis of Argyle, who had 
then the chief power there, that the committee of estates 3 85 
would so far study his preservation, as to own that what he did 
was by the authority of that kingdom, that so, whatever other 
punishment they would lay on him, his life might not go for 
it : and it had been faithfully promised by all the leaders of 
that party, at the pacification at Sterlin, either to save his life, 
or to make his death a national quarrel. But the marquis of 
Argyle would not interpose ; and though the duke's daughter, 
the present duchess of Hamilton, left no means unessayed to 
prevail on him, yet all was in vain, for he pretended that since 
those in England had murdered their king, notwithstanding 
their commissioners 1 protesting against it, it was not to be ex- 
pected their interposition in other things could be of any 
weight, nor was it fit they should any more address to the 
murderers of their sovereign. So all hopes of any mediation 
that way failed ; and not only that, but Lambert being pre- 



488 The charges against the duke : VI. 107 — 

vailed on by the offer of a good sum to claim the duke as his 
prisoner, some letters came from Scotland about it, upon 
which Lambert was advised not to insist on that demand. 
This was vouched to the writer from several hands, who had 
it both from Lambert himself and some other considerable 
men in the two houses. 

108 But now his majesty's blood not having satisfied the cruelty 
of the new usurpers, their next design was against those who 
had served him . faithfully ; and therefore the duke was 
brought to his trial, and honoured to be the first of those who 
followed his master in that glorious martyrdom. 

109 The usurpers ordained the pretended court of justice to 
proceed against him : so in the 6 th of February he was brought 
to a trial. It will not be hard to persuade the reader, without 
further inquiry, that those who embrued their hands in the 
blood of their sovereign, thereby breaking loose from all ties 
sacred and human, could not stand much at the effusion of 
meaner blood ; no, their consciences were seared with their 
former crime, so that nothing sould be so wicked but they 
were stout enough for attempting it : yet they chose to varnish 
over their perfidious cruelty with some colours and appear- 
ances of justice; but the disguise was so thin, that it served 
them to no other purpose but to add hypocrisy to their former 
villainy : which will evidently appear from the following trial, 
drawn partly from the journal of the court, and partly from 
notes of what passed, taken by some eyewitnesses. Steel and 
Cook, the counsel for the people of England, did exhibit on 
the 6th of February, being Friday, the following charge : 

110 That the earl of Cambridge, about the 1 9th of July last, traitorously 
invaded this nation in a hostile manner, and levied war to assist the 
king against the kingdom and people of England, and had committed 
sundry murders, outrages, rapines, wastes, and spoils upon the said 
people ; and particularly about the 20th of August, near Preston, 
did make war, join battle and fight against the forces of the parlia- 
ment, and therein did murder and kill colonel Thornley and others. 

111 To this the duke put in the declinator and special plea fol- 
lowing, intending at last to answer the charge, if the plea Was 
not sufficient, having first told the court, he was better known 

by another name than the earl of Cambridge. His plea con- 386 
sisted of three heads. First, he pleaded this his undertaking 



—113. his plea, and third appearance. (1649.) 489 

that employment was by command of the parliament and su- 
preme authority of the kingdom of Scotland, for such ends as 
he conceived were good and justifiable, and in no way dero- 
gatory to the peace and happiness of these dominions ; that 
he did earnestly endeavour to decline it, but that not being 
accepted of, he could not disobey their commands without 
incurring the severest censures. Secondly, that he was born 
in Scotland before the naturalization of his father in England, 
therefore he conceived | himself an alien, and not triable in 
England. Thirdly, that he had rendered himself prisoner 
upon capitulation and articles with those who had major- 
general Lambert's commission ; and that by these he was, 
first, a prisoner of war ; next, his life and the safety of his 
person was secured to him by the articles which were signed 
by the commissioners of both sides, before he was their 
prisoner, and that they could fasten neither a breach nor non- 
performance on him. Upon this the counsel of the people 
caused the act of his father's naturalization to be read, and 
spake a little to aggravate and set out his fact ; but he desired 
a convenient time to procure papers, witnesses, and other evi- 
dences material to his plea, which he said was seldom denied 
to any in that condition ; and it is well known to many there, 
how that since the beginning of this parliament many weeks 
were granted to an eminent man upon his trial (by whom he 
meant the earl of Strafford, who had time allowed him to send 
to Ireland). The court adjourned to the next day without 
giving him any satisfactory answer. But the duke's carriage 
and discourse that day gained much on all the spectators, 
being so serene and calm, that his very enemies did applaud it. 

112 Saturday the 10th, in the evening, his grace was again 
brought to the bar, and he desired counsel, which was granted ; 
and it was referred to him, whether the court or himself should 
name them, which he then passed over, and without much 
speaking on either side the court adjourned, notice being 
given him that he must appear again on Tuesday the 13th; 
but no order being issued forth for counsel, some counsel who 
were dealt with did decline the employment. 

IJ 3 Tuesday the 13th, his grace being brought again to the 
bar, desired a longer time, since notwithstanding serious means 
had been used, no lawyer would be his counsel without the 



490 The duke's fifth abearance. VI. 113 — 

court's orders. This was granted by the president after some 
expostulation, and upon his grace's nomination, Mr. Chute, 
Mr. Hales, Mr. Parsons, and Dr. Walker were assigned him 
for counsel, to have free access to him, in the presence and 
hearing of some of his keepers, and to be ready against Thurs- 
day following to maintain his plea, upon which the court ad- 
journed till the 15th. 

114 Thursday the 15 th, his grace being again brought before 
the court, declared that their order being offered to his coun- 
sel, they all found themselves unable to plead for him, or to 
do what was otherwise fitting, and so had refused to come 
and speak with him at St. James's. The court objected the 
time they had already granted, and alleged this was a mere 
delay : but his grace protested it was true, and offered one 
of his servants to attest it. Doctor Walker in court declared 
he would not be of his counsel, by reason of his employ- 
ment under the parliament. His grace desired a convenient 
time, as was usual in the like cases, not only in respect of his 
lawyers, but that he might send to Scotland and other remote 3^7 
places for witnesses and evidences necessary for his defence ; 
since no prejudice could come by that delay, and this was 
denied to none in trial for life, and had been granted to Mac- 
Guire and Mac-Hun, two Irishmen. But for his counsel the 
court ordained, that any of the six he should name might be 
authorized to advise with him in private, and to speak in court 

in the matter of law arising out of the fact of the plea, after 
the matter of fact was handled, which his grace was to main- 
tain next Saturday. And for the time he craved, they said, 
he looked on the unreasonable time was granted to Strafford 
and Canterbury, those grand offenders, with whom he had 
been too familiar, as precedents ; but those were precedents 
without a precedent, and none were to expect the like at 
this time, especially since there were now so many prisoners 
to be tried. 

115 Saturday the 17th his grace was brought to the court with 
some witnesses, his counsel being near but not present ; and 
in order to the parts of his plea, he first produced duplicates 
of the commission and orders from the parliament of Scot- 
land and committee of estates there. The court demanded 
evidence for both ; his grace answered, were time granted he 



— ii 8. Witnesses examined. (1649.) 491 

would not only sufficiently prove these, but many other points 
belonging to his justification : but the court answered, that 
unless they were presently attested viva voce they would not 
suffer them to be read. Whereupon his grace desired that 
his servant Mr. Lewis might be examined, whose testimony 
was accepted, and the papers he produced were received for 
evidences and read. Next, the declaration containing the 
ends of the engagement was read, and being proved by the 
same witness was left in court with the former papers. Then 
the court upon his grace's desire produced the original ar- 
ticles of capitulation, which were read ; and Mr. Cole proved 
he saw them delivered to his grace about nine in the morning, 
before the lord Gray came in. 

116 The lord Gray deposed, that two several summons, which 
were sent by him to his grace to yield upon mercy, were both 
answered negatively in respect of the cessation and treaty ; 
that by a letter from Cromwell, dated Warrington, August 
20th, he was enjoined to pursue the Scottish forces with all 
vigour ; that he had received letters from the Staffordshire 
gentlemen with whom the cessation begun, intimating that 
they had condescended to it on purpose to gain a few days' 
time to strengthen themselves, in regard the Scots were so nu- 
merous ; and that he despatched away Wayte and Peters that 
morning in which the treaty ended to protest against it. 

117 Peters was next examined, and answered, that going that 
morning to protest, by order from the lord Gray, he came 
accidentally to the duke, where he found the hostages in his 
chamber, and asked if he was willing to be the lord Gray's 
prisoner, who answered, he could not, in regard of the treaty ; 
but if he were afterwards to be disposed of, he had rather be 
his lordship's prisoner than any other's, being of his acquaint- 
ance ; that he had seen the summons, and the negative answer 
to them : that this was about five in the morning ; and that 
Wayte and he went a part of the way towards the place of 
treaty, where he heard the articles were concluded. 

118 Lilburn was next examined, who deposed, that the articles 
were signed by himself, and the other treaties, about five in 388 
the morning, and were to be ratified by the duke and Lam- 
bert ; and that his own meaning of preserving the duke's life 
(he knew not how the rest meant) was only to preserve him 



492 The duke is falsely accused by VI. n8- 

from the violence of the soldiers, and not from the justice of 
the parliament. At this Peters rose up, expressing great dis- 
like of Lilburn's gloss, saying, that much tenderness was to 
be used where the life of so eminent a person was concerned ; 
that he had seen many articles of war, but had never heard of 
such ambiguity, and that it was clear by those articles the 
duke held his life secured, as well from the parliament as 
the soldiers ; and wished to God that if their commissioners 
had meant otherwise, it had been so expressed in the articles, 
it being most necessary that articles were clear in a concern- 
ment of life. The president answered, You say well for the 
future, but it is now too late. 
JI 9 His grace resumed what had been said, and spoke much on 
the articles for weakening Lilburn's gloss. 

120 Next the governor and marshal of Windsor were examined 
about his escape from Windsor-castle : the governor deposed, 
that the duke said to him he needed not fear his escape, he 
would be a true prisoner, and not go away though the gates 
were opened. The marshal said, he only heard this from the 
governor. 

121 The duke expressed a deep resentment of this injury done 
him by the governor, who wounded his honour so much, which 
he valued above all earthly things : and did shew how unlike 
it was that any such thing was either demanded or granted, 
since that is only done for a little more liberty, whereas he 
was all the while kept under strict guards ; nor had he the 
liberty of walking in the park, but was always guarded by two 
keepers, the one lying all night in the room next him, and the 
other every night locking the door, and carrying the key with 
him ; that the governors testimony in this matter was not to 
be received, he being a party, and now in hazard for his negli- 
gence, for he was told that if he escaped he should die for it : 
adding, that if he were not a prisoner, he would desire right 
of the governor for that scandal cast on him, and choose no 
other place for it but Westminster-hall. But to all this the 
governor made no reply ; only the president said, that though 
he could not blame the earl of Cambridge for what he said, 
yet, for all that, the governor was not to be discredited. 

122 After this the duke spake a little to all the three branches 
of his plea, reserving the fuller enlarging upon them to his 



—123. the governor of Windsor-castle. (1649.) 493 

counsel. He insisted most on the articles, which he doubted 
not were sufficient to protect him ; he desired them to con- 
sider how sacred articles of war were reputed in all places 
and among all nations, and how inviolably they were kept, all 
princes and states being most careful to observe them, not 
only to strangers, but to subjects; having great regard to 
articles, though only for quarter, much more when there was 
a capitulation for life, adding the following instances : Elisha 
the prophet would not suffer the king of Israel to kill the 
Syrian captains, saying, Wouldst thou smite those whom thou 
hast taken captive with thy sword and thy hoio? The blood of 
Abner lay on Joab's head, who killed one that had the king's 
safe-conduct. The Gibeonites also, though they used Joshua 
deceitfully, yet were preserved according to the articles given 389 
them ; and not only Saul's house, but the whole land suffered 
for the violation of them. That prince Robert and the lord 
Oottington, though excepted from life or pardon by act of 
parliament, were notwithstanding that, upon the articles of 
the rendition of Oxford, permitted to go beyond sea, and 
never questioned for life ; and the like justice was done the 
earl of Bristol and the lord Paulet, upon the articles of the 
surrender of Exeter, though both were excepted from pardon ; 
and that the lord Fairfax and the officers of the army were 
most careful to see articles always kept, in which they judged 
their honour deeply concerned, and had often written to the 
parliament to that end : therefore he did not doubt the like 
justice would be done him. By this time it was late, and the 
president appointed Monday next for the duke to finish his 
plea in matter of fact, ordering his counsel to be in the court 
for their better information ; and so they adjourned. 
123 Monday the 19th the duke and his counsel were brought 
to the bar. Colonel Wayte was examined, who deposed, that 
the duke rendered himself to be the lord Gray's prisoner, and 
desired Wayte to protect him from the multitude, who there- 
upon left a guard at his going away. But during his deposi- 
tion Peters said, He lies, he lies ; and Peters, Spencer, and 
other officers who were with Wayte at Utoxeter, being ex- 
amined, did totally falsify his deposition. Divers were also 
that day examined about the place of the duke's birth, who 
all swore they heard it always said that he was born at 



494 The duke pleads largely VI. 123 — 

Hamilton, and that it was not a thing to be doubted of: 
others were examined about the signing of the articles, who 
all witnessed that they were signed long before the lord 
Gray came ; and major Blackmore deponed, that the duke's 
being the lord Gray's prisoner was by an agreement betwixt 
him and Lambert, whose occasions pressed him to go sud- 
denly northward. 

124 After this the duke spake a little, to shew how little weight 
was to be laid on Wayte's testimony, which was so evidently 
disproved. Next, his counsel asked the court's directions 
how they should proceed ; and the court answered, that after 
the matter of fact was handled, they might plead in law upon 
all the parts of the plea : and they told the duke by the next 
Wednesday to finish his evidence. 

125 He desired a warrant for bringing some gentlemen, then 
prisoners in Whitehall, who were his material witnesses : but 
the court adjourned, and promised to consider of that motion 
in the painted chamber ; yet they granted it not. 

126 Wednesday the 2 1 st the court sat, and the duke was brought 
to the bar. Some were interrogated about the time of his 
birth to prove him post-natus : but it was not proved, one per- 
son only swearing that he heard him say he was some years 
younger than the king. Evidence was also brought of his 
conjunction with Langdale, which they accounted treason ; 
yet even that was not clearly proved, though it was much 
laboured. Some letters of his to Langdale had been taken, 
and were brought into court : but as the letters proved no 
conjunction, so it did not appear that they were his letters ; 
only Peters asserted they were like his hand. Then a vote of 
the two houses was read, repealing a former vote of setting 
an hundred thousand pounds sterling upon him for ransom ; 
and proof was brought, that notwithstanding articles were 
given, yet some had been forced to take the negative oath, 39° 
and thereby they studied to evince that the parliament did 
not hold themselves bound to stand to articles. 

127 After this his grace resumed the substance of all those evi- 
dences, and shewed that it was not proved he was a post-natus, 
nor that he joined with sir Marmaduke Langdale, who neither 
received orders nor the word from him, but marched and 
quartered apart; and that though he had done otherwise, 



— 129. for himself . (1649.) 495 

it could not be criminal in him, since he had no orders to 
the contrary from the parliament of Scotland, but was com- 
manded by them to join with all who would concur with him 
for prosecuting the ends of the engagement, of which sir 
Marmaduke approving, he had no reason to refuse concur- 
rence with him ; neither could this be made treason by the law 
of England : of all which it seemed the parliament was once 
well satisfied, since by a vote they had fined him in an hun- 
dred thousand pounds sterling, as the price of his liberty ; by 
which it appeared they looked not on him as a traitor, but as 
an enemy who had life granted him by articles. 

128 Upon this the court adjourned till Thursday the 22d, and 
his counsel were appointed to plead, and he was to close his 
evidence. The duke was brought to the bar, and by divers 
witnesses it was proved, that there was no rendition made to 
the lord Gray, but a plain refusal, and that the treaty was 
ended, the articles signed, and Lambert come up, before the 
lord Gray came thither. There was also produced an order 
of parliament, made four years before, that no quarters should 
be given to any of the Irish in arms, which inferred that 
others might have them ; and another order was read of the 
14th July last, declaring all the Scots who entered England 
enemies, and all the English and Irish who assisted them 
traitors ; and with this he closed his evidence : and since he 
was not to be suffered to speak any more, he enlarged on all 
the parts of his plea, and spake at length as follows : 

12 9 That he was sent by the kingdom of Scotland, which was a 
free kingdom, and independent on England ; that he having 
had his birth, honour, and fortune there, was bound to give 
obedience to their orders ; that for himself, he had lived much 
out of business, and was seldom in public trust in that king- 
dom, nor very desirous of any ; but that being commanded 
to undertake the charge of general, for ends which he con- 
ceived lawful, and no way contrary to the peace or interest of 
England, he was obliged to follow their orders ; and that by 
some papers emitted by the parliament of England against 
that expedition, they declared they looked on it as a national 
breach, whereby Scotland had violated their leagues and 
treaties with them, so that it was no private act of his ; that 
the entering of the Scottish army into England anno 1640 



496 The duke pleads for himself ; VI. 129 — 

was accounted no invasion nor treason, but on the contrary 
was acceptable to this kingdom, which gave a brotherly as- 
sistance for it : and that the late unfortunate army was de- 
signed fully for as good ends, and would have been so looked 
on had it prospered. And for his joining with sir Marma- 
duke Langdale, he answered it as was before set down. There- 
fore he being taken prisoner in such a war, he conceived it 
without a precedent that he should be tried for his life, for 
serving his native kingdom in an open war. As for his being 
an alien, he referred that to his counsel, but said it was unde- 
niable he was born in Scotland, nor was he proved a post- 
natus ; he was also born before his father's naturalization, 391 
and so not included in it, and his own naturalization had been 
in agitation in the beginning of this parliament : that his 
sitting in parliament did not conclude him an English earl, 
for if questioned, he might probably have been expelled out 
of the house of peers, as his countryman Mr. Walter Stuart 
was out of the house of commons : and that his being an earl 
did not naturalize him, that being the king's single act, where- 
as naturalization was only by act of parliament. As for the 
articles, it was clear that Lambert, being a general officer, com- 
missionated by parliament, was empowered to capitulate both 
by the parliament and by Cromwell, the lord Gray having no au- 
thority from the parliament, but only from Cromwell's letter : 
that he became the lord Gray's prisoner only by Lambert's 
order, and that he made no surrender till the articles were 
signed and delivered : that though the lord Gray had pro- 
tested against it, (and yet only an intention to do it was 
proved,) he was not concerned in it, nor bound to take notice 
of it, Lambert being the parliament's officer, and sent against 
him by them. That articles were to be expounded by their 
plain meaning, and not by any mental reserves pretended by 
the commissioners; that by the first article he was a pri- 
soner of war, and that it was seldom known that the life of 
any such was taken ; and that by the second article, life and 
safety of person were expressly secured without any exception : 
that if articles were now violated, it would make the sequel of 
the wars, if any more followed, a downright butchery, since 
none would any more trust to a capitulation which mischief 
he prayed God to avert. That his escape out of prison was 



— 131 His ninth appearance. (1649.) 497 

no breach, he being only bound by the articles to deliver 
himself prisoner, which he did, but not to continue so : and 
he concluded, that he was confident, had he no better plea, 
his articles were sufficient, according to the laws of all na- 
tions, to preserve his life. 

130 Then the president asked him if he had any thing to say as 
he was earl of Cambridge : whereupon he and his counsel 
moved, that if what he had said and proved was not satisfac- 
tory for the averment of his plea, he might answer the charge 
exhibited, which he had not yet done. But to this neither 
the court nor their counsel would yield, though they gave no 
reason for it, save only that it implied a desire of delay : but 
the reason, as was said, was, that they knew had they yielded 
to that the charge had been overthrown, since the law of 
England does not admit that to be treason which they 
charged on him, that he had assisted the king against the 
kingdom and people by levying war. Then the court told his 
counsel, that Saturday was the longest time they allowed them 
for performing their part : but the counsel answered, that it 
was impossible for them to undertake it, and discharge their 
consciences to their client, having so short a time allowed 
them; there being a necessity of searching divers records 
for precedents, which required a competent time, as had 
been allowed in former cases : but the court refused to pro- 
mise it, only they said they would take it into their considera- 
tion. The counsel insisted, and said plainly, they declined 
the employment on those terms, and would be forced to de- 
clare it. 

131 Monday the 26th the other two officers that had signed 
the capitulation for the duke and his troops, who had been 
sent for a great way off, were examined, who agreed with the 
former witnesses in matters of fact, and also with Lilburn, 392 
that by signing the articles they only meant the duke should 

be preserved from the violence of the soldiers, and not from 
the justice of the parliament. Then the counsel began to 
plead, and all four spoke on the several heads of the plea. 
Mr. Heron spoke cursorily and elegantly, but not very mate- 
rially : Mr. Parsons, a young man, spoke boldly, and to good 
purpose : Mr. Chute, the civilian, spoke learnedly and home : 
and Mr. Hales, (since the much renowned lord chief justice of 
Hamilton. k k 



498 The duWs counsel at law VI. 132 — 

the king's bench,) elaborately and at length. The heads of 
their arguments follow. 

13 2 The duke being, as was granted, a born Scotchman, his tie 
of obligation and subjection to that kingdom was indispensable 
and indissoluble, so that his late employment could not be re- 
fused when laid on him by the authority of that kingdom, no 
more than a native of England, living in it, can disobey the 
commands of this parliament ; whereas any subjection the 
duke owed the parliament of England was only acquired and 
dispensable : that since no man can be a subject of two king- 
doms, whatever tie lay on him to the kingdom of England, it 
was not to be put in competition with what he owed Scotland, 
it being a maxim in law, that major relatio trahit ad se minorem, 
and that jus originis nemo mutare potest : that there was an 
allegiance due to the king and another to the kingdom, and 
no treason could be without a breach of faith and allegiance 
due to them against whom it was committed, for these king- 
doms were two distinct kingdoms ; and though the allegiance 
due to the king was the same in both kingdoms, yet that due 
to the kingdoms was distinct : nor was the actual adminis- 
tration of the kingdoms in the king's person when the duke 
got his employment ; therefore, as his allegiance to the king- 
dom of Scotland was ancienter and stronger than any tie that 
lay on him in England, so what he did by their order might 
well make him an enemy to this kingdom, but could not infer 
treason. Yet all this of the allegiance due to the kingdom 
was founded on no common or statute law, as Mr. Hales him- 
self confessed afterwards : but he urged this well against 
those who asserted it, it being the universally received maxim 
at that time. 

133 That whether he was a post-natus or ante-natus did not 
appear : but though he were, it did not vary the case, nor his 
obligation to the place of his nativity ; and so, though he were 
post-natus, or accounted a denizen by his father's naturalization, 
his offence could not be treason, but hostility at most, and by 
that supposed hostility he could only lose his privilege of 
a denizen, but could not be made a traitor, there being no 
precedent where ever any man was attainted of treason for a 
hostile invasion ; and it was questionable if this offence could 
amount to that : nor could any case be alleged where one 



— 133- plead for Mm. (1649.) 499 

born in another independent kingdom, acting by a commission 
from that kingdom, and residing there when he received his 
commission, and raising the body of his army in that kingdom, 
and coming into this in an open hostile manner, was ever 
judged guilty of treason. Naturalization was intended to be 
a benefit and not a snare, so that one might well lose it, but 
was not to be punished for it. And so when France and 
England were under one sovereign, divers of both nations were 
naturalized in the other ; yet when hostility broke out betwixt 
them, many so naturalized fought on the side of their native 
kingdom, for which none were put to death, though divers 
were taken prisoners. And in Edward the Third's time, though 393 
he claimed France as his by right, yet when the constable of 
France invaded England, and was taken prisoner, he was not 
tried, nor put to death, but sent back to France, as being a 
native of that kingdom. And when David Bruce, king of 
Scotland, invaded this kingdom, and was taken prisoner, great 
endeavours were used to find a legal ground for his trial, he 
being earl of Huntington in England ; but this plea was waved, 
for it was found that it could not be done justly, that being 
but a less degree of honour, though king Edward claimed a 
kind of homage from the crown of Scotland. That if the duke 
were on that account put to death, it might prove of sad con- 
sequence, in case there was war any more betwixt the king- 
doms ; since most of the present generation were post-nati, 
and all would be so quickly ; and yet if the lord Fairfax, who 
was both a post-natus and had his honour in Scotland, were 
commanded to lead an army thither, and being taken were 
put to death, it would be thought hard measure. For the 
duke's father's naturalization, it was true, by the statute of 
the 25 Edward III, provision was made that children born 
without the kingdom, whose parents were then in the king's 
allegiance, should be denizens : but the duke was born before 
his father's naturalization, which can never reach him, none 
but the issue after his father's naturalization being included 
within it ; and the word hares in the act is only a word of limit- 
ation, and not of creation : nor did his making use of the as- 
sistance of some English forces make him a traitor. It is true, if 
an Englishman conduct a foreign army, or if a foreigner come 
of his own head, or in a rebellious way, to assist an English 

k k 2 



500 The duke's counsel plead for him. VI. 133 — 

rebellion, it will amount to treason : for the act of such an 
alien is denominated from the crime of those he assists here, 
where he owed a local obedience, which was the case of Shirley 
the Frenchman and of Lopez : but if an alien come with a 
foreign force, though he make use of English auxiliaries, that 
only infers a hostility, but no treason ; and was the case of 
the lord Harris a Scotchman, 15 Eliz., and of Perkin Warbeck, 
both having English help : and though Warbeck was put to 
death, it was by no civil judicatory, but only by the will of 
Henry the Vllth, who erected a court-martial for that purpose. 
The present case was yet clearer, where the alien had authority 
from his native kingdom, and was commanded by them to make 
use of English help : so that though Langdale's assisting the 
duke did make himself a traitor, yet the duke's accepting of 
it only infers an act of hostility. And whereas it was objected, 
that the parliament had already by their act, which constituted 
this court for his trial, declared him a traitor ; it was not to 
be disputed what the parliament had power to do, but no par- 
liament had ever done the like before : and the meaning of 
the act must be, that he should be tried whether guilty of 
treason or not, since if the parliament hath already declared 
him a traitor further trial was needless. And it was clear, 
the parliament by their act in July last, which declared all the 
Scots who entered England enemies, considered not the dis- 
tinction of post-nati, nor judged that inferred treason, since 
most of them all were post-nati ; that many of the officers of 
that army, who had been taken prisoners, though clearly posU 
nat% were ransomed, others banished, others still in prison ; 
why then should the imputation of treason be fastened on the 
duke, when the rest were used only as enemies \ 
134 And for the articles, they made it appear they were the 394 
public faith of the kingdom, when given by persons publicly 
authorized, upon the observing of which inviolably depended 
the whole intercourse of all nations, and their mutual confi- 
dence, which is founded on all states being bound by the acts 
of their public ministers ; that this was not a pure rendition, 
but a paction concluded upon deliberation, wherein the parlia- 
ment lost nothing, but on the contrary were gainers ; that the 
parliament had ratified this upon the matter, by voting a 
hundred thousand pound sterling fine to be the price of the 



— T37- The people's counsel plead against the duke. (1649.) ^^ 

duke's liberty ; that the secret sense the treaters pretended 
was not to be considered ; since all compacts are to be under- 
stood according to the clear meaning of the words, and the 
universal sense of mankind, who look on articles wherein life 
is granted as a sufficient security, not only from the soldiers, but 
from the civil powers; and that these treaters, when the 
articles were agreed, should have made known their secret 
meaning, otherwise it was not to be regarded : and it was a 
most dangerous precedent to admit of collateral averments of 
secret meanings against express words, much more in a case of 
life ; and yet much more in military agreements, wherein the 
concernments of armies and nations were included, and which 
concerned the honour and security of all soldiers : and for this 
divers precedents were cited. The argument ended thus : 
That as the court consisted of gentlemen and lawyers, and of 
martial men, so the plea, consisting of three branches, was 
the more proper for their cognizance, a part of it being drawn 
from the law of England, another part from the civil law, and 
a third part from the martial law : and if the plea in any of 
the three branches was made good, (and they doubted not but 
it would be found so in them all,) the court would be satisfied 
there was reason and justice for preserving the duke's life. 

135 The court adjourned till Friday the second of March ; and 
the duke being again brought to the bar, the counsel for the 
people pleaded, but so poorly, that all who heard them were 
ashamed : but they had one advantage, that neither the duke 
nor his counsel were allowed to speak after them, nor to dis- 
cover their impertinent allegations, which made the duke's 
counsel obviate all they could imagine they might say, though 
they said a great deal so far out of the way of reason, that 
none could have thought of it ; and yet it was so weak that 
it needed neither be obviated nor replied to. 

136 Yet at the end of every branch of their pleading I shall 
add the answers against them, as they are set down in some 
notes taken by the duke's counsel. 

137 They begun with alienage, and studied to make it appear, 
that though he was a Scotchman born, yet he was no alien, 
having enjoyed all the privileges an Englishman was capable 
of, as being a peer, a privy-councillor, possessing lands and 
inheritances, and marrying in England. But naturalization 



502 The people s counsel plead against the duke. VI. 137 — 

cannot be but by act of parliament, and not by the king's 
single deed; much less by those privileges of which any 
stranger might participate. 
13 s Next, they urged his father's naturalization, and since his 
name was not in that act, as was in other acts of naturaliza- 
tion, that proved him to be no alien, otherwise his name had 
been put in. From that, it rather appeared he was an alien, 
since others found it necessary to insert their children's names, 
which his father not doing proves the son an alien still. 

139 They also urged his being post-natus, which must be held 395 
true, since he brought no evidence to the contrary ; and it 
being so, his tie of subjection was as great in England as in 
Scotland : that allegiance was only due to the king, and not 

to the kingdom : that there was a king when he entered into 
England, and that though he was secluded from the govern- 
ment, yet all writs were issued in his name, so that this expe- 
dition was a breach of the allegiance he owed the king. This 
was the oddest part of all their plea, since his charge was, 
that he assisted the king against the kingdom ; and now they 
did plead he owed no allegiance to the kingdom, but to the 
king, whom they had so lately murdered, the duke's coming 
with his army being only to relieve him from the barbarous 
usage he had met with. 

140 They also urged at large, that an Englishman's children, in 
what place of the world soever they were born, were denizens 
of England, and cited many precedents. But the misapplica- 
tion of them was gross and palpable, those being of persons 
who were Englishmen before their children were born, where- 
as the duke's father was naturalized after he was born : so 
that he could not communicate that privilege to him, which 
he did indeed transmit to his children born after his natural- 
ization. 

141 Next, they pleaded that the parliament of Scotland had no 
power to commissionate him to enter into England, and that 
if some of them were there, they ought likewise to suffer for 
it, and it was fit he suffered for his masters who employed 
him ; that it was pity the king had not suffered sooner. They 
also produced many precedents of strangers being condemned 
as guilty of treason for treasons committed in England ; as, 
the queen of Scots, Lopez, Perkin Warbeck, the lord Harris, 



— r 45 • Sentence is given against him. ( 1 649 . ) 503 

Shirley the Frenchman, and the Spanish ambassador. All 
this was obviated in the former argument, where distinction 
was made betwixt secret practices and an open invasion with 
a foreign force. They added, that Scotland belonged to the 
crown of England, and so was to be looked on as some of the 
counties of England. But Scotland had no subjection to the 
crown, but only to the king of England, whom they had mur- 
dered, and so they had no power to judge any Scotchman. 

142 As for the articles, they pleaded it was not in the power of 
the army to absolve any from the justice of the parliament, 
which, being above them, was not tied to their articles : and 
therefore, though they confessed the words ought to have 
been less ambiguous, yet, they said, the exposition of those 
who signed them was to be admitted, since every man was to 
be the expounder of his own words; and pleaded some pre- 
cedents about the exposition of ambiguous words. But the 
words here were plain and not ambiguous, only a treacherous 
equivocation was invented to break them. 

143 Cook, by a strange subtilty, said, the articles only secured his 
life during imprisonment, so that his breaking of prison, and 
being retaken, put an end to the obligation of the articles : 
though he broke not prison, but went out at door and gate, 
which was no crime. 

144 Thus did the counsel of the people plead against him, to 
the conviction of all who looked on that they thirsted for his 
blood, and were only seeking colours of justice for it : which 
yet were so slight that they could serve for no disguise, but 
only to abuse those w r ho were blinded with prejudice. 

145 The court adjourned to Tuesday, being the 6th of March 1396 
and then the duke was brought to the bar, and the judges sat 

in scarlet : they rejected the duke's plea in all its branches, 
and found him guilty of the charge whereof he was indicted. 
But before sentence, Bradshaw the president resumed all, and 
spoke long for aggravating of every particular, justifying every 
thing their counsel had pleaded, as if it had been all both 
good law and good reason : then he caused read the earl of 
Essex's commission, to shew how little power was given him : 
(but spoke nothing of Fairfax or Lambert their commissions, 
which had been more pertinent, but the reason was, they were 
ampler; and yet the parliament had never refused to ratify 



504 The duke prepares for death, and writes VI. 145- 

any articles Essex gave.) He confessed the duke's articles 
were fuller than any others, therefore he would insist the 
more to invalidate them. He said, it was true if there had 
been a war proclaimed, and prosecuted betwixt a foreign 
nation and enemy and England, then by the law of nations, 
to which their law was consonant, articles signed by the com- 
missioners of both parties should have been kept inviolable : 
but the prisoner was no enemy, for when the ordinary course 
of justice was obstructed by the late king's prevailing party, 
so that neither constables nor sheriffs, nor other civil officers, 
could lay hold on such delinquents as he was, or bring them 
to punishment, the parliament was forced to raise an army, 
commissionating their generals to bring such to condign pu- 
nishment. This being the end and substance of their com- 
mission, it was not in their power, who were but the sword of 
justice in the parliament's hand, to give articles for securing 
any from the justice of -the parliament, since it was never in- 
tended their acts should limit that power that gave bounds 
to them. He added also, that the court was fully satisfied 
that the duke was naturalized. The president laid out also 
the case of the other prisoners then at the bar, and spoke 
many hours ; at last sentence was given against them all, 
that their heads should he severed from their bodies on Friday 
next, being the gth instant : yet it was remitted to the parlia- 
ment's consideration what mercy should be shewed to any of 
them ; and so the duke was carried back. 

146 The rest of that day, and the next day, the duke was 
earnestly solicited to preserve himself by making discoveries. 
And Mr. Peters, who appeared concerned for him during his 
trial, did now insinuate himself on him to draw somewhat 
from him : but all was in vain, there being no choice to be 
made betwixt a glorious death and an infamous life. 

147 On the 8th of that month, it being put to the vote of the 
house whether he should be reprieved or not, it was carried 
in the negative. 

148 That day the duke spent in fitting himself for death by 
prayers and spiritual conferences ; and that he might "dis- 
charge himself of all worldly cares, he wrote the following 
letter to his brother : 



— 151. to his brother and to his children. (1649.) 505 

149 Dear brother, 397 
Since it hath pleased God so to dispose of rne, that I am to be in 

this world but a few hours, you cannot expect that I can say much 
to you ; nor indeed is it necessary, for I know you will do undesired 
(as far as is in your power) what I now briefly mention. First, that 
you will be a father to my poor children, and that they be not forced 
to marry against their wills. The debts I owe are great, and some 
friends are bound for them ; but the estate I leave you is such as 
will satisfy what I owe, and free my cautioners from ruin. You are 
just, and I doubt not of your performing this. I cannot forget to 
recommend my faithful servants to you, who have never had any 
thing from me, in particular Cole, Lewis, and James Hamilton. I 
have given something to them during their lives, which I hope you 
will see paid to them. I shall say no more, but the Lord of his mercy 
preserve you, and give you grace to apply yourself aright to Him, in 
whom there is only fulness of joy. Dote not upon the world; all is 
but vanity and vexation of spirit : grieve not for what is befallen me, 
for it is by the appointment of Him that rules in earth and heaven : 
thither the Lord Jesus be pleased to carry the sinful soul of 

Your most loving brother, 
March 8th, 1649. Hamilton. 

150 At night, the duke, the earl of Norwich, the lord Capel, and 
sir John Owen, were all brought to one room, where they 
lay all night : it was very late before they went to bed, every 
one having his friends to wait on him. The duke's servants 
asked leave to stay all night in the next room, and it was 
granted. The duke ordered Mr, Cole to come to him about 
three o'clock in the morning, which he did ; but he with the 
rest were all fast asleep, and Mr. Cole returning after half an 
hour found him awake. He made him sit down, and gave 
him many directions to be carried to his brother, with an ex- 
traordinary composure, as Mr. Cole vouched to the writer. 
About five o'clock all of them were ready, and spent the time 
very devoutly in secret prayers and pious conferences, and 
other holy exercises, all of them expressing great joy in their 
present condition, and absolute submission to the will of God. 
The duke expressed his more particularly in the following 
letter he wrote to his daughters : 

My most dear children, 

151 It hath pleased God so to dispose of me, as I am immediately to 



506 Speech of the duke VI. 151 — 

part with this miserable life for a better ; so that I cannot take that 
care of you which I both ought and would, if it had pleased my gra- 
cious Creator to have given me longer days : but his will be done, 
and I with alacrity submit to it, desiring you to do so, and that 
above all things you apply your hearts to seek Him, to fear, serve, 
and love Him, and then doubt not but He will be a loving Father to 
you while you are on earth, and thereafter crown you with eternal 398 
happiness. Time will permit me to say no more ; so the Lord bless, 
guide, and preserve you, which is the prayer of 

Si. James's, Your most loving father, 

yih March, 1649. Hamilton. 

Let this remember me to my dear sisters, brothers, and other 
friends, for it is all I write. 

152 He did also apprehend that they might either be hindered 
to speak their consciences freely on the scaffold, or that the 
noise and disorder there might make him be ill-heard, or per- 
haps occasion disorder from the soldiers, which might pro- 
voke passion or discomposure ; and therefore delivered the 
following speech before all in the room, which his brother pub- 
lished from the original he sent him : 

153 I know you that are here to be true and faithful to me, I will 
therefore in your hearing say somewhat in order to myself and to 
my present condition, and give you also this copy of it, which after 
I am gone may perhaps be thought necessary to be published, as the 
last testimony of my loyalty to my king, for whom I now die, and 
of my affection to my country, for the pursuance of whose pious and 
loyal commands I am now to suffer. 

That my religion hath always been and still is orthodox, I am 
confident no man doubts ; I shall not therefore need to say much to 
that particular, only that I am of the true reformed protestant reli- 
gion, as it is professed in the church of Scotland. 

I take God to witness, that I have been constantly a loyal and 
faithful subject and servant to his late majesty, (in spite of all 
malice and calumny :) I have had the honour since my childhood to 
attend and be near him, till now of late : and during all that time I ob- 
served in him as eminent virtues, and as little vice, as in any man I 
ever knew ; and I dare say he never harboured thought of counte- 
nancing popery in any of his dominions, otherwise than was allowed 
by the laws of England, and that among all his subjects there could 
not be found a better protestant than himself ; and surely also he 



— 153- before Ms death. ( 1 649 . ) 507 

was free from having any intent to exercise any tyranny or absolute 
power over his subjects : and that he hath been so unfortunate, I 
rather impute the cause of it to the sins of his people than to his 
own. 

For my own part, I do protest never to have swerved from that 
true allegiance which was due to him, and that hath constantly been 
paid (to my comfort I speak it) to bis progenitors by my ancestors, 
for many ages, without spot or dishonour, and I hope shall be still 
by my successors to his posterity. 

I do heartily wish well to and pray for his royal issue, and shall 
die a true and loyal subject to his eldest son Charles the Second, the 
unquestionable king by right of all his father's kingdoms. I hope 
(though I do not live to see it) that God's justice and goodness will 
in his own time establish him on the throne of his father, which I 
doubt not some of you will see come to pass ; and I am confident, till 399 
then, and so long as men deeply plunged in guilt and self-interest 
usurp power and government, these kingdoms will fall short either 
of peace or any other permanent happiness. 

I speak this from my just affection to the royal race, and much 
compassion to his majesty's subjects ; but not from any malice, 
anger, or desire of revenge against any, for what I have or am to 
suffer; for I forgive all men. 

It is well known what calumnies and aspersions have been thrown 
upon me by men of several parties and interests, not excepting those 
who would seem to carry much affection to his late majesty, as if I 
had expressed disservice or disloyalty unto him ; the which how 
malicious and groundless they were, I appeal to God, who with my 
own conscience clearly beareth witness of my innocency therein ; 
and I shall beg mercy from Him to whom I am now to give an ac- 
count of all my thoughts and actions, as 1 have still had a faithful 
and loyal heart to my master. 

It hath been a general complaint, that I persuaded his majesty to 
pass the act of continuing this parliament. I dispute not whether 
the doing of it at that time might have been reputed good or bad, 
but surely it was not I that did persuade it. 

Neither did I at all deal with his majesty for his consent to the 
bill of attainder for taking away the life of the earl of Strafford, 
whose great parts and affection it is known I highly valued : yet 
some have been pleased to attribute to me the cause of that conces- 
sion ; but were his majesty now living, I am confident he would 
publicly clear me in both these, as he hath been pleased many times 
in private formerly to do. 



508 The duke's speech before his death. VI. i$$ — 

And truly I am not conscious to myself (though I have been for 
many years a privy- councillor to him) of ever giving him any advice 
that tended to other ends (as I conceived) than the good and peace 
of his majesty and his dominions. 

It hath been rumoured since my last imprisonment, that I should 
confess myself to be the greatest instrument under his majesty (by 
making use of his Scottish great seal) for authorizing the war in 
Ireland : a report so false and simple, as in my opinion judicious and 
honest men will not believe it. And truly, as I am free from having 
hand therein in any manner of way, so I am of nothing more confi- 
dent, than that his majesty was also absolutely free thereof, and that 
he was not in any case a causer or countenancer of those Irish 
troubles. 

I have been often examined touching persons of several qualities 
within this kingdom, that (as is supposed) did invite into England 
the late army from Scotland, or promised assistance after their 
coming ; and of late much persuasion hath been used with me to 
that purpose, as that upon my discovery thereof depended the only 
means of my preservation. I will not say that T had any thing to 
reveal which would have been satisfactory, but this I desire you to 
attest to the world, that I have not accused or said any thing that 
may reflect on any man, of what degree soever, within the king's 
dominions : and indeed it was so contrary to my conscience, and so 
derogatory to my honour, that if I had been able, yet should I never 
have prejudiced any in that nature, though it had been to save me a 
hundred lives. 

Touching that foul and senseless slander, that I betrayed the army 400 
under my conduct, the care and pains I then took to prevent the 
loss of it, and the near approach of my suffering for it, will, I sup- 
pose, abundantly contradict this aspersion. I was satisfied with the 
justness and necessity of that engagement, upon the grounds of the 
declaration of the parliament of Scotland, fearing then the sad con- 
fusions which have since followed here both in church and state ; 
and particularly the fatal fall of my master, to the preservation of 
whose person I was by obligation and natural affections as pas- 
sionately tied as I could be by duty and allegiance. 

And now I confess I am void of all rancour or displeasure against 
any, though I am within few hours to die, adjudged by a lawless 
and arbitrary court, of purpose erected (as is said) to destroy my 
master and some of his servants, and for a great part composed 
of men mechanic, and unfit to be judges, my death being decreed, 
(right or wrong,) as is reported, before ever the trial begun. And 



— 155- He is led out to the execution. (1649.) 509 

though my death is no less than murder, yet I forgive all, and pray 
to God to do it, and that my blood be not laid to their charge, or to 
some powerful and eminent men's, who, as is thought, upon some 
sinistrous ends have many months since contrived my destruction, 
which now is ready to take effect. 

And though I have answered to that court, in regard of the just- 
ness of my defence, which I thought would have weighed with them : 
yet I never thought, nor do I acknowledge any jurisdiction or lawful 
authority in the same, notwithstanding I do with all Christian hu- 
mility submit to the punishment, which for my other personal sins 
the Lord hath justly brought upon me. 

I should have spoken more, yet would not have said so much, but 
for fear lest either my memory might slip it on the scaffold, or that 
the rudeness of some people, by noise or otherwise, might have in- 
terrupted me speaking on this subject. So I thank God I am well 
prepared. God bless you ! remember me to all my friends. 

I know I have been a great sinner, yet through faith I have an 
assurance that God will forgive me, and have mercy upon me, 
through the alone suffering and intercession of Jesus Christ my 
Saviour. Amen. 

154 About nine o'clock the officers called to them to prepare 
themselves to go : they were to be carried in sedans, and great 
guards of horse and foot to attend them to sir Robert Cotton's 
house. But after the duke had gone through two rooms, he 
reflecting on the faithful services of Mr. Cole, and judging 
they deserved a more particular resentment than was in the 
letter he had written to his brother the day before, called for 
pen, ink, and paper, and wrote the following note to his 
brother : 

Brother, 
There is nothing more certain than that a faithful servant is an 
humble friend : this bearer I have found such, and therefore recom- 
mend him to you in that quality. I need say no more for him, nor 
can I of worldly business, being so near parting out of it ; but as I 
have loved you all my life, so I do now at the end of it. The Lord 
of his mercy preserve you from dangers of soul and body ! 

Yours, 
H. 

x 55 This will more clearly discover the serene and composed 401 
temper he was then in, than can be done by any testimony of 



510 Offers of pardon if he would make discoveries. VI. 145- 

spectators, who could only see the outside, which, as many of 
them have witnessed to the writer, was very calm and resolute. 
When he came to sir Robert Cotton's, three or four officers 
were sent from Cromwell to him, desiring that he would discover 
what had been oft asked of him, and he should not only be 
preserved, but be made a great man : but he rejected their 
offers with the same language he had formerly used on the like 
occasions ; and said, if he had as many lives as hairs in his 
head, he would lay them all down rather than redeem them by 
so base means ; which an ear- witness vouched to the writer. 
Then all went to prayers, and they had some excellent good 
preachers waiting on them, and praying with them. Some 
wine was brought, and they all drank one to another, and did 
embrace and kiss each other with much tenderness. 

156 The duke was first led away to the scaffold : on the way 
other officers came from Cromwell, renewing the former offers 
if he would make discoveries ; but all to no purpose, he re- 
jecting them with scorn. Those many offers, as they were 
great temptations, which would have shaken any man whose 
soul was not fully at peace with God, and well prepared for 
death, so they discovered the baseness of those men's designs. 
But as malice did ever pursue the duke with the unjustest 
slanders, so his enemies, hearing that messengers came 
often to him, did strangely misrepresent it, as if he had 
been even then in some treaty for his life. Being come to the 
scaffold, the earl of Denbigh desired to speak with one of his 
servants, and Mr. Lewis was sent to him : the duke asked 
Mr. Cole what might the matter be, who answered, he judged 
it was to know what order he had given about his children ; 
the duke answered, he might satisfy him if that were the 
matter. 

157 The duke was during his stay at St. James's visited some- 
times by doctor Sibbald. Him he chose now to accompany 
him in his last minutes, who encouraged him " to look to that 
fountain of the blood of Christ in which he must be purged 
from all his iniquities ; the effusion whereof was for the sal- 
vation of all who by a true and lively faith rested on him*: he 
was the only Hock on which he was to build his hopes; and 
though the waters of Jordan did run an impetuous current, 
he was the ark of the covenant that was to lead him through 



— 1 58. The dukes last speech. ( 1 649. ) 51 1 

them to that sure refuge, against which neither the powers on 
earth nor the gates of hell could prevail. He desired him to 
lift up the eyes of firm confidence to the crucified Christ, and 
with St. Stephen to behold him sitting at his Father's right 
hand, ready to receive his soul : adding, who would be in love 
with life, if they could but beforehand consider what it would 
prove ? all being a heap of cares, anxieties, and miseries, with 
which every rank of men and state of life was beset : it was 
therefore a happiness to be with much joy welcomed, when we 
found a quick and easy passage for escaping these swelling 
billows, and getting into that blessed harbour of eternal hap- 
piness. We must pass through a sea, but a sea of our Saviour's 
blood, in which never any shipwrecked, and through which we 
are carried by the soft winds of the divine Spirit, which can 
scatter all contrary blasts." 
I5 8 When the doctor had thus ended his discourse, the duke 402 
perceiving a greater silence than he expected, though he had 
resolved to make no public speech, and therefore had, as was 
already told, expressed himself in private, yet, being invited 
by the attention he observed, he spoke to the people : but as 
he had not premeditated it, so no copy of it remains, except 
what was printed from the notes of the hearers, and there- 
fore I shall only set down the heads of it. He addressed 
himself to the sheriff, and told him, " he judged it not very 
necessary for him to speak much, his voice was so weak and 
low, that few of the crowd that looked on could hear him ; 
nor was he ever so much in love with speaking, or with any 
thing he had to say, that he took much delight in it : yet 
since this was his last, he being by the divine providence of 
Almighty God brought justly to that end for his sins, he 
would speak a little to the sheriff, for his voice could not 
reach others. He was now to suffer as a traitor to the king- 
dom of England, a country which he had ever loved equally 
with his own, not having intended either any general prejudice 
to it or to any particular person in it : his late actings were 
the commands of his own country, which he could not disobey. 
It is true, it had pleased God so to dispose of the army under 
his command that it was ruined, and he, for being clothed 
with a commission to be general, stood now ready to die. He 
would not repeat what he had pleaded for his own defence, 



512 The duke's last speech. VI. 158. 

God was just ; nor would he say any thing of his sentence, 
but that he did willingly submit to God's providence, acknow- 
ledging that on many accounts he deserved punishment in 
this life as well as in the next, for he confessed himself a great 
sinner : yet for his comfort he knew there was a God in heaven 
who was very merciful, and that his Redeemer did sit at his 
right hand ; and he was confident that he was mediating for 
him at that very instant, being hopeful through his all-suffi- 
cient merits to be pardoned all his sins, and to be received 
into his mercy, trusting only to the free grace of God through 
Jesus Christ. He declared he had never been tainted in the 
religion professed and established in the land, in which he had 
been bred from his infancy : it was not this nor that mode or 
fancy of religion that was to be built on, but one that was 
right and sure, and came from God." Here he observed 
some taking notes, and upon that said, he had not expected 
that, else he had digested what he had said into a better 
method : but desired that what he had said might not be pub- 
lished to his disadvantage, since he had not intended to speak 
any thing when he came to that place. Then he went on, 
and said, " Many dreadful aspersions had been cast on him, 
as if his intentions had not been such as he pretended ; but 
he thanked God he was unjustly blamed : that for the king, 
he had ever loved him, both as he was his king and his master, 
with whom he had been bred many years, and had been his 
domestic servant ; and that there was nothing the parliament 
of Scotland declared for the king that was not really intended 
by himself : and as he hazarded his life for him one way, so he 
now was to lose it another ; and that his design of leading in 
the army to England was really that which was published in 
the declaration, in so far as concerned the king : he was not 
then to speak of the rest of the declaration, which had many 
other particulars in it. And for what he said of his duty to 403 
the king, there was no reason to suspect him of flattery, or 
any other end in saying it, (God having now so disposed of 
his majesty,) but though he could gain nothing by it, yet he 
owed the freeing himself of that calumny to truth, by which 
all men shall gain for ever. There had been many discourses 
founded on a part of the Scottish declaration, which mentioned 
an invitation to come to England, upon which he had been 



158. The duke *s last speech. (1649.) 513 

much laboured for discovering the inviters ; but he had, and 
did still remit himself to the declaration, without any other 
answer. He was ever willing to serve this nation in any thing 
was in his power, which was known to many worthy persons 
in it ; and he would still have continued in those resolutions, 
had those in whose hands the power was then, thought fit to 
have preserved his life. But since he was to be thenceforth 
of no more use, all he could do was, to wish the kingdom hap- 
piness and peace, and to pray that his blood might be the last 
should be shed : and though perhaps he had some reluctancy 
within himself at his suffering for this fact, yet he freely for- 
gave all men, and carried no rancour with him to the grave ; 
but did submit to the will of Him who created heaven and 
earth, and himself, a poor sinful creature then speaking before 
him. He conceived it could contribute to no end for him to 
speak of state business, of the government of the kingdom, or 
things of that nature ; his own inclinations had been still for 
peace, he was never an ill instrument betwixt the king and his 
people, nor had he acted to the prejudice of the parliament. 
And as he had not meddled much in those wars, so he was 
never wanting in his prayers to Almighty God for his king's 
happiness : and he earnestly prayed God to direct his majesty 
(that now reigns) that he might do what should tend to his 
glory and the peace and happiness of the kingdoms. He said 
he was of the established religion, which he had professed in 
his own country where he was born and bred : but for parti- 
cular opinions he was not rigid ; he knew many godly men had 
scruples about divers things, wherein he had never concerned 
himself; nor did difference of opinion (which was never more 
than at that time) move him, his own was clear. He prayed 
the Lord to forgive him his sins, as he freely forgave even 
those against whom he had the greatest grounds of animosity, 
remembering that prayer, Forgive us our trespasses, as we for- 
give them that trespass against us. And to this purpose he 
spoke, if the writers did him right in what was published in 
his name : but how true the printed papers were, the writer 
is not able to judge, for he has three printed relations of it 
before him, all varying somewhat one from another. As he 
expressed himself thus, he discovered a great composure by 
his looks and manner of expression ; and when he was desired 
Hamilton. l 1 



514 Tfie duke's lad prayer. VI. 158 — 

to change the posture he stood in, since the sun shined full in 
his face, he answered pleasantly, " No, it would not burn it, 
and he hoped to see a brighter sun than that very speedily. " 

159 After the duke had done speaking, he called for the execu- 
tioner, and desired to know how he should fit his body for the 
blow, and told him his servants would give him satisfaction. 
Then he called to his servants, and commanded them to remem- 
ber him kindly to divers of his friends in England, particularly 

to his mother-in-law, the countess of Denbigh, to whom he had 4°4 
ever paid a filial respect, and to the old countess of Devon- 
shire, who as she lived to a great age, and to the honour of her 
nation, so was on all occasions a constant and true friend to 
him. He bade tell her, she would no more question his loyalty, 
(which she had done sometimes in raillery,) since he was now 
to seal it with his blood ; then he kneeled down, and prayed 
in these words : 

160 Most blessed Lord, I thy poor and most unworthy servant come 
unto thee, presuming in thy infinite mercy and the merits of Jesus 
Christ who sits upon thy throne ; I come flying from that of justice 
to that of mercy and tenderness, for his sake who shed his blood for 
sinners, that he would take compassion upon me, that he would look 
upon me as one that graciously hears me, that he would look upon 
me as one that hath redeemed me, that he would look upon me as 
one that hath shed his blood for me, that he would look upon me 
as one who now calls and hopes to be saved by his all-sufficient 
merits : for his sake, glorious God, have compassion upon me in 
the freeness of thy infinite mercy, that when this sinful soul of mine 
shall depart out of this frail carcass of clay I may be carried unto 
thy everlasting glory. O Lord, by thy free grace, and out of thy 
infinite mercy, hear me, and look down, and have compassion upon 
me ; and thou, Lord Jesus, thou, my Lord, thou, my God, and 
thou, my Redeemer, hear me ; take pity upon me, O glorious God, 
and so deal with my soul, that by thy precious merits I may at- 
tain to thy joy and bliss : O Lord, remember me, so miserable and 
sinful a creature. Now, thou O Lord, thou O Lord who died for me, 
receive me, receive me into thy own bound of mercy. O Lord, I 
trust in thee, suffer me not now to be confounded. Satan hath too 
long had possession of this soul, O let him not now prevail against 
it ; but let me, O Lord, from henceforth dwell with thee for ever- 
more. Now, O Lord, it is thy time to hear me ; hear me, gracious 
Jesus, even for thine own goodness, mercy, and truth. O glorious 



— 1 6 1. His death and burial. (1649.) 515 

God, O blessed Father, O holy Redeemer, O gracious Comforter, 

holy and blessed Trinity, I do render up my soul into thy hands, 
and commit it to the mediation of my Redeemer, praising thee for 
all thy dispensations that it hath pleased thee to confer upon me, 
and even for this, praise and honour and thanks be to thee from 
this time forth and for evermore. 

i6! After this, Dr. Sibbald entertained him with some pious 
discourses, and then the duke prayed a short prayer by him- 
self. After which, he with a cheerful and smiling countenance 
embraced the doctor, and said, Truly, I bless God I do not fear, 

1 have an assurance that is grounded here (laying his hand on 
his heart) that gives me more true joy than ever I had : I pass 
out of a miserable world to go to an eternal and glorious kingdom, 
and though I have been a most sinful creature, yet I know God's 
mercy is infinite ; and I bless my God I go with so clear a con- 
science, that I know not the man I have personally injured. 
Then embracing his servants that were there present, he said 
to every one of them, You have been very faithful to me, the 
Lord bless you. He turned next to the executioner, and after 
he had observed how he should lay his body, he told him he 
was to say a short prayer to his God, while he lay all along, 
and should give a sign by stretching out his right hand, and 
then he was to do his duty, whom he freely forgave, as he did 
all the world. And then he stretched himself out on the 
ground, and having placed his head aright, he lay a little 405 
while praying with great appearance of devotion within him- 
self, and then gave the sign ; upon which the executioner at 
one blow severed his head from his body, which was received 

in a crimson taffety scarf, by two of his servants kneeling by 
him, and was together with his body immediately put in a 
coffin, which was ready on the scaffold, and from thence con- 
veyed to a house in the Mews ; from whence it was, accord- 
ing to the orders he had given, sent down by sea to Scotland, 
and interred in the burial-place of his family, where it lies in 
the hopes of a blessed resurrection to eternal life. 



l12 



516 The duke's birth, parents, VI. i — 



THE CHARACTER 406 



OF 



JAMES DUKE OF HAMILTON. 



X HUS lived and died James duke of Hamilton, who was 
born at Hamilton the 19th of June, 1606. His parents were 
James marquis of Hamilton and lady Anne Cunningham, 
daughter to the earl of Glencairn. He was of a middle 
stature, his body well shaped, and his limbs proportioned 
and straight ; in his last years he inclined to fatness ; his 
complexion and hair were black, but his countenance was 
pleasant and full of life, and shewed a great sweetness of 
disposition ; his health was regular, suitable to his diet, and 
free of sickness or pain, only in his last years he was a little 
subject to the stone. But when his body was opened, all his 
inwards were found sound and entire, so that had not that 
fatal stroke brought his days to a too early period, he might 
probably have been very longlived. 
2 At the time of his father's coming to court, the duke of 
Buckingham (being then in great favour with king James, 
and desiring to strengthen his family with noble alliances) 
agreed a marriage betwixt him and the lady Mary Fielding, 
daughter to William earl of Denbigh, and the lady Susanna 
Villiers, sister to the duke of Buckingham, upon which his 
father sent for him to court, to be married when he himself 
was fourteen years of age ; and the lady designed for him but 
seven. This broke off the course of studies in which he had 
been educated till then in Scotland : and though he was sent 
afterwards to the University of Oxford, yet the interruption 



—3= education, and marriage. 517 

that his stay at court put to his education in letters was such 
that he never recovered it. After the years of consummating 
the intended marriage were come, he was forced to it, not 
without great aversion, occasioned partly by the disproportion 
of their ages, and partly by some other secret considerations. 

3 He lived with his lady for some years in no good terms, 
and that, concurring with other motives, made him leave the 
court upon his father's death : but her excellent qualities did 
afterwards overcome that aversion into as much affection as 
he was capable of; and it was no wonder, for she was a lady 
of great and singular worth, and her person was noble and 
graceful like the handsome race of the Villiers. But to such 
as knew her well, the virtues of her mind were far more 
shining. She was educated from a child in the court, and 
esteemed and honoured by all in it, and by none more than4°7 
the late king, who, as he was one of the chastest men, (not to 
say princes,) so he was a perfect honourer of all virtuous 
ladies. She was lady of the queen's bedchamber, and ad- 
mitted by her majesty into an entire confidence and friend- 
ship ; and not only was her honour unstained, but even her 
fame continued untouched with calumny, she being so strict 

to the severest rules, as never to admit of those follies which 
pass in that style for gallantry. She was a most affectionate 
and dutiful wife, and used to say, she had the greatest reason to 
Mess God for having given her such a husband, whom as she 
loved perfectly, so she was not ashamed to obey. But that which 
crowned all her other perfections was the deep sense she had 
of religion : she lived and died in the communion of the 
church of England, and was a very devout person. Many 
years before her death, she was so exact in observing her 
retirements to her closet, that notwithstanding all her avoca- 
tions, and the divertisements of the court, (as the writer was 
informed by one that lived with her,) no day passed over 
her without bestowing large portions of her time on them, 
beside her constant attendance on the chapel. She bore first 
three daughters, and then three sons; her daughters were 
lady Mary, lady Anne, and lady Susanna; her sons were 
Charles, James, and William : but all her sons and her eldest 
daughter died young. 

4 A year before she died she languished, which ended in a 



518 The duke was a zealous protestant , and wished to VI. 3 — 

consumption, of which after a few months' sickness she died : 
so that she prepared for death timeously. 

5 About a month before her death she called for her children, 
and gave them her last blessings and embraces, ordering them 
to be brought no more near her, lest the sight of them might 
have kindled too much tenderness in her, which she was then 
studying to raise above all created objects, and fix where she 
was shortly to be admitted. 

6 She died the 10th of May in the year 1638, and left her 
lord a most sad and afflicted person : and though his spirit 
was too great to sink under any burden, yet all his life after 
he remembered her with much tender affection. She died 
indeed in a good time for her own repose, when her lord was 
beginning to engage in the affairs of Scotland, which proved 
so fatal both to his quiet and life. 

7 But the distractions of the following years concurring with 
the affectionate remembrance of his lady, which rather in- 
creased than abated with time, kept him from the thoughts 
of reengaging in a married life. Neither did the death of his 
sons shake him from that purpose, since he had so noble a 
successor secured for his family in the person of his brother ; 
and next to him he had two daughters who were dear to him, 
far beyond the ordinary rate of children, on whom he got his 
dignity and fortune entailed, in case his brother died without 
sons. 

8 His religion was protestant and reformed ; and as he was a 
zealous enemy to popery, so he was no less earnest for a good 
correspondence among all the reformed churches, in particular 
betwixt the Lutherans and Calvinists, and therefore was a 
great patron and promoter of the designs of Mr. Dury, who 
bestowed so much of his travel and so many of his years in 
driving on that desired union : for I find by many of Dury's 
letters to him, that as he owed a great part of his subsistence 
to the money and places were procured for him by the duke, 
both from the king and my lord of Canterbury, so his best 408 
addresses to the Swedish court and the princes of Germany 
were those he had from him; and therefore he continued 
giving him an account of his success, as to his patron and 
benefactor. 

9 As for our unhappy differences which have divided this 



— io. promote correspondence among all reformed churches. 519 

island, he judged neither the one nor the other worth the 
blood was shed in the quarrel; and the excess he had seen 
on both hands cured him from being a zealot for either. He 
was dissatisfied with the courses some of the bishops had 
followed before the troubles began, and could not but impute 
their first rise to the provocations had been given by them : 
but he was no less offended with the violent spirits of most of 
the covenanters, and particularly with their opposition to the 
royal authority. As long as the king employed him for the 
preservation of episcopacy, he served him faithfully; and 
though afterwards he pressed him much for his consent to 
the abolition of that government in Scotland, it was not from 
any prejudice himself had at it, but flowed only from the affec- 
tion he had to his majesty, since he saw it could not have been 
preserved at that time without very visible hazard both to king 
and country: and so he took the national covenant at the 
king's command, anno 1641, in the parliament of Scotland. 
10 He was all his life a great honourer of true piety wherever 
he saw it, notwithstanding any mistakes that might have 
been mingled with it ; so that whatsoever particular ground 
of resentments he had at any who (he judged) feared God, 
the consideration of that did overcome and stifle it : but his 
first imprisonment in the year 1 643 was the happiest time of 
his life to him, for there he had a truer prospect of all things 
set before him, which wrought a change on him discernible by 
those who knew him best. This made him frequently ac- 
knowledge God's great goodness to him in that restraint : for 
then he learned to despise the foolish pleasures of sin, and the 
debasing vanities of a false world, which had formerly pos- 
sessed too great a room in his thoughts. It is true he chose 
to be religious in secret, and therefore gave no other vent to 
it in his discourse than what he judged himself obliged to, 
which was chiefly to his children, to whom he always recom- 
mended the fear and love of God, as that wherein himself had 
found his only joy and repose. The following words are a 
part of one of his letters to them, which he wrote a little 
before his last going to England : 

In all crosses, even of the highest nature, there is no other remedy 
but patience, and with alacrity to submit to the good-will and plea- 



520 The dukes advice to his children. VI. I en- 

sure of our glorious Creator, and be contented therewith ; which I 
advise you to learn in your tender age, having enjoyed that blessing 
myself, and found great comfort in it while involved in the middle of 
infinite dangers. 

ii He was a constant reader of the scriptures, and during his 
imprisonment they were his only companions, other books 
being for a great while denied him ; and he making a virtue 
of that necessity became a diligent and serious reader of those 
holy oracles, and studied to take the measures of his actions 
from them, and not from the foolish dreams and conjectures 
of astrology, though the inquiring after and taking notice of 
these be among the injurious imputations obloquy fastened 
upon him. But so far was he from any regard to them, that4°9 
an astrologer coming to him in Germany with a paper, where- 
in he said he should read a noble fortune, he, after he had 
sent him away, threw it into the fire, without once opening it : 
and indeed he was so far from flattering himself with the 
hopes of great success in any of his undertakings, that he 
rather apprehended himself under some inauspicious star, 
that crossed all his attempts, which made him in his latter 
years long for some secret retirement out of the noise of 
business. And in his last expedition into England he was so 
far from promising himself great matters, that the night be- 
fore he marched, when he was taking leave of one of his friends, 
he said, he not only knew that such attempts were doubtful, 
but apprehended that what he was then engaging in might 
prove not only dangerous, but destructive to himself; never- 
theless he was resolved either to go through with it success- 
fully, or to perish in the attempt, and never survive it; 
adding, that the last was what he looked for, and therefore 
he took his leave as never to meet again. 

12 But notwithstanding all the misfortunes that either lay 
upon him or did hang over him, he preserved the greatest 
calmness in his mind that could be imagined : which appeared 
in an unclouded serenity that dwelt always on his looks, and 
discovered him ever well pleased. And though the greatness 
of his mind and the sweetness of his natural temper might 
have contributed much to that tranquillity, yet certainly it 
took its rise from another source, and flowed chiefly from his 



-j$. His accomplishments and loyalty. 521 

confidence in God, and the security he had in the innocency 
of his own heart. 

13 His accomplishments were great, though cultivated only by 
his own thoughts and improved by experience ; for he was no 
great scholar, neither was he bred abroad : his judgment was 
profound, his foresight great, his style was smooth and with- 
out affectation, for he spoke with a native eloquence. One 
advantage he had beyond all he engaged with in debating, that 
he was never fretted nor exasperated, and spake at the same 
rate without clamouring or eagerness. He had seen so much 
of the baseness of many men, that it inclined him in the end 
to jealousy : which made him reserved with most people : and 
of this I find divers complaining in their letters. 

14 For his affection and duty to his prince, it hath appeared so 
much in bis history, that little remains to be said in his cha- 
racter. It is true some were pleased to say that he treated 
with foreign princes for seconding him in his own pretensions 
to the crown of Scotland : but this forgery was so ill-grounded 
that he had signal proofs to the contrary. When he first 
engaged in the German design one wrote to him from the 
Spanish court in the name of the ministers of that monarch, 
making hiin great promises if he would desist from it : but his 
answer was, that duty, gratitude, and inclination concurred 
to tie him inseparably to his master's interests, and that no 
consideration either of hope or fear was able to shake him 
from his fidelity to them. Neither did any thing obstruct 
his being more employed and trusted in Germany than his 
constant adhering to the king's pleasure and interest ; for 
had he given himself up to the will of the Swedish king, he 
would have been quickly put in another capacity, and might 
have had about him one of the best armies in Germany ; 
since all the Scottish officers, who at that time were many 410 
and considerable, inclined to have formed an army apart, 
and served under him, had the king of Sweden given way 

to it. 
15 When he was claiming his estate and rights of Chastleher- 
ault in France, cardinal Richelieu appointed sir James Hamil- 
ton, whom he had sent over to negotiate that affair, to tell 
him, that he should be not only settled in that, but have more 
likewise, if he would enter into a close correspondence with 



522 The duke's loyalty VI. 15- 

him, and be a faithful servant to the French crown. His an- 
swer was, that he owed indeed the greatest duty and depend- 
ence to the king of France of any prince next his own king, 
and therefore would faithfully serve all his interests after the 
king's. But nothing was to be expected from him that might 
upon any consideration prejudice his master's service, neither 
would he engage in any correspondence without his know- 
ledge and allowance : adding, that he was confident his emi- 
nence was too faithful a minister to that monarch whom he 
served, to like him the worse for his honesty to his own 
master. These instances will evince how far he was from 
pretending to any interests in his correspondence with foreign 
princes different from the king's, whom he served with as 
much affection as duty. And indeed the love he bore his 
person was no less than the duty he paid to his authority, 
for he did not deny but the former made him digest some 
things which perhaps otherwise he had not borne so well. 
This kept him far from vilifying his majesty's person, or 
speaking unhandsomely of him, as some accused him. It 
may be supposed that had he been guilty of that, it would 
have appeared more to his friends than strangers, since pru- 
dence would have taught a reserve to them, though duty had 
not enjoined it : but those who conversed most with him 
saw so much of his affection and esteem for that prince, that 
many of them have told the writer he was the furthest from 
it that could be, since he studied by all means to infuse that 
value in others for him which possessed his own mind. It is 
true his calmness made many, who knew not how natural that 
temper was to him, suspect he was not in earnest, because he 
did not bluster out in heats of passion upon every occasion ; 
for as he was not easily inflamed, so he could not well per- 
sonate a passion when he was free of it. All his advices to 
the king were for settling matters without hazarding on a 
bloody decision, knowing well that no quarrels are so mortal 
as those that follow upon the closest ties ; therefore he was 
far from acting that infamous office of incendiary which some 
fastened on him. And it was his suggesting and pressing 
gentler methods which engaged some fiery spirits into such 
opposition to him : and from hence it was, that when he was 
put to a review of those advices he offered to his majesty, he 



— 17. and fidelity to the king. 523 

said, "he would not study to justify them all, since he was far 
from the vanity of magnifying his own counsels ; but all he 
could answer for was his good intention, which was not to be 
measured by success. 1 " 

16 As for his disclosing the king's designs to his enemies, hell 
could have devised nothing further from truth : for not only 
does the silence of all his letters that are in my hands refute 
that, but when afterwards some who had been leading men in 
the covenant broke with him, with such animosity, and when 
by some of those much pains was taken to possess the king 
with jealousies of him,- it is not to be doubted but if there 
had been a shadow of truth for those imputations some par- 
ticular would have appeared, or some letters had been pre- 411 
served to have justified these insinuations. But nothing was 

so much as ever pretended for this beyond whispers and 
general stories. 

17 If all his friends were not at all times so fixed to their duty 
as they ought to have been, that left no blame upon him ; for 
no man can be liable for his friends, nor charged with the faults 
of other men : but when any of them strayed from their duty, 
his friendship made him not the less, but the more severe to 
them ; and many of them, being yet alive, have witnessed with 
what honest zeal he always studied to engage them to a cor- 
dial adherence to the king's service. But to sum up all, those 
who after they see how in his last speech, delivered at his 
death, he begs pardon and mercy from God as he hath been 
a faithful servant to his master, and do still retain their jea- 
lousies, are beyond the cure of any persuasion ; for none but 
a desperate atheist could have adventured so far with a defiled 
conscience. Neither can it be alleged here, that all in those 
times pretended to be for the king : for perhaps many thought 
the methods they took were the best for securing and settling 
his throne. But had the duke been faulty as the world accused 
him, it must not have been a mistake in his thoughts, but a 
crookedness of his heart, a betraying of his trust, and a falsi- 
fying of his engagements : and who can suppose that the 
parties who were prevalent both in England and Scotland at 
the time of his death, and pursued him and his memory with 
all the excesses of malice, would not have discovered such 
treachery to load him with the greater infamy, if there had 



524 The duke's love to his country. VI. 17 — 

been any grounds for it, since they were the persons who 
must have known it best? 

18 As for that ridiculous and devilish forgery of his pretending 
to the crown of Scotland, never any were alleged to have 
heard a hint of it from himself, no not in raillery ; and cer- 
tainly if so great a design had ever been discovered to any 
person, it must have been to his friends, and he must have 
taken pains to have made some party sure for it : but for this 
nothing was ever whispered but surmises, and those hanging 
so ill together, that they retained not so much as the shadow 
of probability. 

19 For his country, as he had as great interest in it as any 
subject, so his affection yielded to none. And it is certain, 
that if his counsels to the king seem at any time to fall short 
of the higher ways of authority, nothing but his affection for 
his country gave him the bias ; for he confessed, the thing 
in the world at which he had the greatest horror was the en- 
gaging in a civil war with his countrymen. 

20 He was far from any designs of engrossing either power or 
places of advantage to himself or his friends ; nor was he ever 
the occasion of any burden to the country, for the assignments 
he had on some taxations were only for payment of the debts 
he had contracted by his majesty's command for his expedition 
to Germany. And so little fond was he of being the king's 
commissioner in Scotland, that in divers of his letters he pro- 
posed others to his majesty for that trust, protesting it was a 
place which of all other he hated most ; and when he saw 
jealousies taken at his being so long in that trust, as if the 
king had been to govern Scotland by a commissioner, he 
pressed his majesty to change him; so careful was he to avoid 
every thing which might be a grievance to his country and 41 2 
retard the king's service. 

21 He was the great patron of all Scottish men in the court, 
which drew on several occasions a large share of malice upon 
him: as appeared particularly in the case of one colonel 
Lesley, whom colonel Sanderson's friends were pursuing in the 
court, alleging that Lesley had killed that colonel unworthily 
in Muscovia. The crime was not committed in the king's 
dominions, and Lesley was legally acquitted from it in Russia, 
who upon a national account, being a Scottish man, laid claim to 



-24- His temperance and ingenuity. 5%5 

the duke's protection ; but this irritated colonel Sanderson's 
brother (who pretends to have written the history of king 
Charles the First) into so much rage against him, that forget- 
ting the laws of history, he breaks out on all occasions into 
the most passionate railings that his spiteful but blunt and 
impotent malice could devise. And the best of all is, he bewrays 
his ignorance as well as his passion in all the account he 
gives of the Scottish affairs ; so that it is hard to say whether 
his folly in attempting to write a history on such slender in- 
formations, or his impudence in forging or venting lies with such 
confidence, deserves the severer censure. 

22 And since I mention this Lesley, I shall only add, that 
though Sanderson tells a formal story of the signal judgments 
of God on him in his death, he was alive many years after 
that book was published, which can be well proved by many 
who knew him. 

23 The duke was very sumptuous and magnificent in his way 
of living, but abhorred that debauched custom of entertain- 
ments by drinking, and was an example of temperance ; which 
cost him dear in Denmark, where he refusing the ordinary 
entertainments of that court in drinking, was not only ill used, 
but made pay a great sum under the pretence of passage dues. 
Temperance was particularly recommended to him by his 
majesty when he went to Germany ; and his returning from 
that court without once transgressing these laws, was such an 
evidence of his observing them, that afterwards few would 
tempt him to those excesses. 

24 Of all virtues he esteemed ingenuity and candour most, as 
that which was the ground of all confidence, and the only se- 
curity among men ; and therefore recommended it chiefly to 
others, and studied to observe it most himself. I confess when 
I consider his whole method of framing and carrying on his 
designs, how straight and candid they were, if I oft admire 
his invention, I do much more esteem the ingenuity of his 
proceedings ; for I never find him vailing truth with a lie, nor 
carrying on business with a cheat : and to speak freely, the 
greatest departing from these rules appeared in the declaration 
emitted in April 1648 ; where, among other things, the parlia- 
ment declared they would not admit his majesty to the exer- 
cise of his royal authority till he by oath obliged himself to 



5Q6 The duke was mild, gentle, VI. 24 — 

swear and ratify the covenant. The duke stuck long ere he 
would give way to this ; at length, finding the violent party 
that crossed the engagement implacable, and being desirous to 
withdraw from them all colours or pretences for opposing that 
design, he yielded to it ; and at that time said to a friend of 
his, that the preservation of the king went so near his heart, 
that he could refuse nothing which might make way for that. 
But it was far from his thoughts to seclude the king from the 
exercise of his royal power, and therefore it was excused at4 J 3 
the same time, both by the letters his brother wrote to the king, 
and in the instructions sent by sir William Fleeming to the 
queen and prince, and by sir William Bellenden to the prince 
of Orange. I have also a journal which he took with his own 
hand of what passed in that parliament, wherein he wrote, 
when that act was put to the vote, that (though he gave his 
vote to it) it was not his own opinion. And thus I lay open 
both his fault and the temptation that led him to it, so that 
if ever any officious lie was of a venial guilt sure this was : 
yet who knows if, among the holy and wise counsels for which 
God might have permitted that army's miscarriage as a 
punishment for our other sins, we not being ripe for a de- 
liverance, this departing from the severe rules of ingenuity 
and virtue might not have been one procuring cause? But 
this is the only instance of this nature I have met with in the 
whole survey of his actions and papers. 
25 As for the mildness and gentleness of his nature, no day 
went over him without giving new discoveries of it. For it 
was very hard to provoke him, but no less easy to appease 
him : he was not unequal in his humour, but as one left 
him they found him, being always cheerful and ever the same. 
And whatever aspirings might have been in his mind, his 
carriage was the freest of haughtiness that could be both to 
equals and inferiors : he was both easy to address to, and 
affable in his converse, and laboured to oblige all people. And 
in his command he was far from the common practice of many, 
who are very careful to raise all the money they can, and to 
oppress the countries where they march or quarter. It is 
true the earl of Oalander did draw as much money as was 
possible from the places they passed through with their army, 
but the duke would meddle with none of it : and when Calander 



-27. and extremely forgiving. 527 

offered 45c?. to his steward, he would not touch it till he spoke 
with his master ; who charged him strictly not to meddle 
with it, and acknowledged he had done like a faithful servant 
in not taking it. 

20 It was so impossible for him to resent injuries, that when 
some of his vassals had offended him, so that he was resolved 
to make them sensible of it whenever it lay in his way, it no 
sooner came to be so, but their first address broke through 
all his displeasure : and never did the settled composure of his 
mind appear more than at Utoxeter, when in the midst of all 
that disorder he preserved his usual temper. The generosity 
of his mind made him so tender towards all in trouble, even 
though deserved, that he was scarce capable of punishing any 
even for their faults. A pretty instance of this was, that a 
woman having stolen some of his plate, and being quickly 
found with it, he was asked what should be done with her; 
to which he answered, it seemed she wanted money, wherefore 
he ordered to give her a piece and send her away. And when 
in the year 1 648 a zealous woman threw a stone at him as he 
passed through the streets, all he said was, he wondered what 
the woman ailed, for he was never an enemy to the sex : nor 
would he suffer any severe sentence to be executed on her, 
but when her hand was ordered to be cut off, he procured her 
pardon, and said, the stone had missed him, therefore he was 
to take care that their sentence might miss her. 

27 To conclude, I shall not offer to tell how much his death 414 
was lamented by all who knew him, for then I should never 
get off : I shall therefore only set down two letters, the one 
of condolence from the queen mother, another from his majesty 
who now reigns, to the earl of Lanerick, then by his brother's 
death duke of Hamilton, which expresseth the value his ma- 
jesty had of the engagement. 

Cousin, 
Intending every day for a great while to have despatched Rains- 
ford, I have not hitherto done that which my sense of the loss of 
my late cousin the duke of Hamilton should have drawn from me 
long ago, which was to express the concern I had for his death : 
and though my own inexpressible loss hath made me incapable of 
feeling any thing else that can befall me in this world, yet it hath 
not made me insensible of your brother's death, both on his own 



528 Letter of condolence ly the queen mother. VI. 27 — 

account and on yours. For consolation, it is not easy for me to offer 
you any, being incapable of taking it to myself. We must turn us 
to God, and receive it of Him, for this world cannot afford it : yet if 
to bear a share in your affliction may in any way lessen some part of 
your grief, I am assured you shall find an allay to it ; and I desire you 
may believe that no person wishes you more happiness than myself, 
who shall study on all occasions to make it appear that I am with 
all sincerity, 

Cousin, 
Your very good and 
Paris 22nd affectionate cousin, 

April, 1649. Henrietta Maria R. 

My lord Hamilton, 
I am very sorry that I could not have your advice in my late 
proceedings with Mr. Winram, who is now returned with my letters, 
(the copies whereof I send you herewith ;) but the treaty being ap- 
pointed so near you at Breda, I shall desire your presence at it, and 
shall much depend upon your advice, assuring you that I will take 
care of your interests, and of all those honest men that engaged 
with your brother, equally with that which concerns myself. I hope 
the calling them a committee of estates, with such cautions as I use 
in the letter, will bring no prejudice to you nor to your friends. 415 
And I will be careful to establish your interest by the treaty, with- 
out which I conceive I cannot have much assurance. I pray use 
your best endeavours to your friends in Scotland to make their de- 
mands moderate and reasonable ; and then I shall not doubt of a 
good issue, and such as may enable me to express how much I am 

Your very affectionate 

Jersey, 24th of Jan. friend and cousin, 

'649. Charles R. 



MEMOIRS 4X7 

OF 

THE LIFE AND ACTIONS 

OF 

WILLIAM DUKE OF HAMILTON. 



BOOK VII. 

A continuation of affairs till Worcester fight. 
Anno T650. 

J. O this account of James duke of Hamilton's actions, it may 
be expected I should add the remaining memoirs of his bro- 
ther's affairs. But the time he survived was so full of disorder 
and confusion, that few papers were preserved, and these so 
imperfect, that without fuller supplements than the writer 
hopes for, no clear account can be given of those times ; 
therefore there shall be only added somewhat by way of cha- 
racter, with a general relation of the following passages of 
his life. 

2 William duke of Hamilton was born at Hamilton on the 
14th of December in the year l6i6, being ten years younger 
than his brother, and of the same parents. He was of a 
middle stature, his complexion black, but very agreeable, and 
his whole air and mean was noble and sprightful : his youth 
discovered with an extraordinary capacity so much ingenuity, 
that candour seemed in him not so much the effect of virtue 
as nature, since from a child he could never upon any tentation 
be made to lie. 

3 When his father died, he left him very young to the care of 
Hamilton. m m 



530 Memoirs of William duke of Hamilton. VII. 3 — 

his mother, and the kindness of his brother, with a very small 
provision : but he confessed he never missed a father in his 
brother, who kept him not only at the university of Glasgow, 
where he was educated, but likewise in his travels, at a rate 
and with an equipage suitable to his quality. He travelled 
some years in France, where he was very much esteemed, 41 8 
and invited to stay in that court with very honourable offers. 
He had a good foundation of literature, though he was no 
great scholar; and what he once acquired was rather im- 
proved than lost by him. 

4 He returned from his travels when he was one and twenty 
years of age, and was looked on both by the king and queen as 
a rare and highly promising gentleman ; and now that he was 
of an age capable of it, his brother and he entered into an 
entire friendship. And finding him so rarely accomplished, 
and fitted for the greatest affairs, he kept him with himself at 
court; and though he depended wholly upon his brother's 
generosity for his subsistence, yet he was far from making 
him feel that, either by upbraiding him with his favours, or 
by disparaging him with any neglect, (faults too commonly in- 
cident to elder brothers when the younger are obliged to 
stoop to them.) But as lord William was too highminded 
to have endured the least appearance of those, so his brother 
was not capable of giving him any such hard usage, but 
allowed him all things suitable to his rank, and carried to- 
wards him with respect as well as affection. 

5 He continued in the court some years, being much esteemed 
by all sorts there : for as his address was becoming, so his 
converse was full of life and wit, and he was a great master 
in all his exercises. But his brother was more careful to 
think of a fortune for him than himself was, and therefore 
provided a marriage for him that had the expectation of a 
vast fortune, lady Elizabeth Maxwell, eldest daughter to the 
earl of Dirleton, (who had no sons, and but one other daugh- 
ter.) It was not without reluctancy that he was engaged 
that way, but his brother's authority over him was absolute ; 
so he was married to her in the year 1638, and continued still 
at court. He had by her four daughters that survived him, 
lady Ann, lady Elizabeth, lady Mary, and lady Margaret. 

6 Afterwards he pretended to be made master of the horse 



•y. He is made secretary of state. 531 

to the queen, but her majesty was engaged to another, which 
was much resented by him, and made him resolve on leaving 
the court and going into France. This grieved his brother 
extremely, and both the king and queen sent him a promise, 
that if he would give over thoughts of that journey he should 
be preferred to whatever place fell that were fit for him. 
And a little after that, the earl of Sterlin died, who was 
secretary of state for Scotland, and the queen moved the king 
to advance him to that trust, to which his majesty did will- 
ingly consent : for as he was glad of all opportunities of ex- 
pressing his kindness to his brother, so he saw in himself that 
which made him judge him both worthy and capable of any 
employment; and thereupon he made him secretary, and 
created him earl of Lanerick. He had every thing but years 
to recommend him to the highest trust, being witty, con- 
siderate, brave, generous, and resolute to the highest degree. 
He saw his engagement in affairs fell to be in such a dis- 
ordered time, that he could not have appeared on the scene 
with more disadvantage. He had no experience at all in 
Scottish affairs, but for that he resolved to trust to his bro- 
ther's informations and advices ; which did not only continue 
till he came to understand persons and affairs better, but that 
noble pair were all their lives united with bonds of friendship 
straiter than those of their blood. Calumny got no access 4 1 9 
to their ears, nor emulation and jealousy room in their hearts ; 
and as their friendship was never broke off with a discord, so 
it was not so much as marred by a mistake. They had both 
interests, friends, and quarrels in common ; they were plea- 
sant in their lives, nor was their friendship divided in their 
deaths, as appeared from the interchanged preferences they 
gave one another's children in their last wills. 
7 Both of them had peculiar excellencies ; yet even in those 
things wherein the one was excelled by the other there re- 
mained enough to term them both eminent. The elder had 
the greater temper and command of his passions, but this 
made him sometimes fall short of that acrimony and authority 
which such times and services required. The younger was 
more forward and resolute, yet sometimes this left his temper 
behind it. The elder, as he had the advantage of years and 
experience, so he had the deeper apprehensions and the 

m m £ 



532 Memoirs of William duke of Hamilton. VII. 7 

greater foresight ; but the younger had more vivacity of spirit 
and readiness of apprehension. The elder was readier to fore- 
see a danger and invent objections, and the younger quicker 
at answering them, and finding salvos for all difficulties. 
The elder's converse was smoother, but more reserved ; the 
younger, as he was the brisker, so he was the more frank, 
and was no less beloved : and in fine, the elder spoke more 
gracefully, but the other had the better pen. 

8 He was most assiduous in his employment to procure not 
only favourable answers, but speedy despatches to all those 
who made their addsesses by him to the king. He frankly 
told every one whether he would serve them or not, for where 
he meant no assistance he never disguised it with general 
assurances : but where he promised service he needed no new 
applications, either to refresh his memory or quicken his dili- 
gence ; and he was wont to say, he was sure there was no 
person whose sight his majesty had so little reason to desire 
as his, since he never saw him, when there was any possibility 
of speaking to him apart, but he moved him in one suit or 
another. But his confidence was grounded on this, that he 
gave the king no trouble with any desires of his own : his 
reality this way obliged his friends exceedingly, who used to 
complain, that though his brother, as far as his own kindness 
could go, was most obliging, yet he was averse from doing 
them such services with the king as they desired of him. 

9 He had a vivacity of apprehension beyond any about him, 
with a great conception of things, and quickly penetrated into 
men's thoughts and designs. His discourse was short, but 
nervous, witty, and full of stings, when he had a mind to re- 
flect on others ; but he was soon heated, and kept his fire 
pretty long. There was not a mean thought lodged in his 
breast, all his designs being noble and aspiring, which, with 
the fervour of his nature, made him pass for a very proud man 
among his enemies. He was indeed gallant and generous to 
all degrees, and none alive was capable of a higher sense 
of honour and gratitude, nor more unable to stoop to any 
thing that was sordid or mean. 

10 For his religion he was a true zealous protestant, and his 
opinions about our unhappy differences at home were the 
same with his brother's. He had a great dislike of church- 



-12. His diligence, abilities, and religion. 533 

men's pretending to meddle in civil affairs, finding it hurtful 
on all hands ; and therefore was much for confining them to 
their own work. In those times when things were like to run 420 
a risk in the committee of estates, most commonly the sense 
of the commission of the general assembly was brought in to 
declare how far religion and the covenant was concerned in 
any particular that was under debate ; and this swayed some, 
and overawed others : but nothing was more odious to him 
than this practice, and he wisely foresaw, and often said, that 
nothing could bring such a stain on religion, in the minds of 
those who were too inclinable to receive bad impressions of it, 
as the officious and overmeddling tempers of hot and indis- 
creet churchmen. His practice in devotion, in some of his 
last years, shewed him to be sincerely religious. 

11 He had for many years great convictions on his conscience 
of the true excellence of religion, but human infirmity pre- 
vailed too much over him, and he was not free of blemishes : 
yet he found he had to do with a merciful God, who gave him 
such a victory over those snares, and such tender impressions 
of his love, that long before his death he was come to have 
that assurance of the Divine goodness, that he w 7 as not only 
ready and willing, but longing for death. But his prospect 
of it will appear better from his own pen than any thing 
I can add, when he was entertaining himself in cold blood 
with the serious apprehensions of that grave object, and 
penned his latter will, which shall be set down in its own 
place. 

i2 The afflictions he lay under in his last years contributed 
not a little to the raising that sense of things in him, these 
having been the saddest years Scotland ever saw, in which he 
w r as overlaid both with public and personal troubles. Those 
which went nearest his heart, and wounded it in its most 
sensible part, were, first, the king's murder, and then his 
brother's ; neither was he capable of so mean a thought as to 
receive any allay to the last by the dignity and fortune which 
thereby descended on him. The friendship betwixt them had 
continued to the end sacred and inviolated, and as the elder 
transmitted not only his estate and honour, but left also his 
personal estate, jewels, plate, and pictures (which were of 
great value) to his brother, giving only portions to his daugh- 



534 Memoirs of William duke of Hamilton. VII. 12 — 

ters, trusting even the writings for these to his brother, to 
lessen them as he found the estate might bear it ; so the 
younger judged himself bound in honour and gratitude to 
return such of those as were still in his power (many of them 
having been either disposed of for defraying his necessary 
expense in that troublesome time, or lost in the invasion of 
Scotland) again to his brother's daughter, whereby he pro- 
secuted his brother's first design, who had provided the 
honour and fortune to descend on his own daughters if his 
brother had no sons. And so much did he honour his bro- 
ther's memory, that injuries done himself raised not such 
irreconcilable resentments in him as those had been done his 
brother : neither was any address so welcome to him as that 
which came with a respective remembrance of his brother; 
and he entailed his friendship for him on his daughters, who 
have desired me to acknowledge to the world, that in him 
they met with the tenderness of a father, the kindness of a 
friend, and every thing that was generously noble and oblig- 
ing. And so desirous was he to have his niece enjoy her 
father's estate and dignity, that at his going to England he 
professed he was glad he had no sons to lie in her way to 
it ; adding, that if he had forty sons, he rather wished it to 42 1 
her, than he could do to any of them. And for proof of this, 
though many evidences might be given, yet I shall only add 
one letter he wrote to her ; and the orders he gave to all that 
depended on him discovered it to be no compliment, for it 
was as really performed as it was generously offered. 

jo Dear Niece, 

Amongst all my just afflictions there is none lies so heavy upon 
me as that I am still made incapable of paying that duty to you 
which I owe you. It is the greatest debt I owe on earth, and which 
would most joy me to pay, as well from inclination as from nature 
and obligation ; but all happiness being denied me, I cannot hope 
for that which would be the greatest. 

Before this I hope you are settled in Hamilton, where you have, 
as is most just, the same power your father had, and I beseech you 
to dispose as absolutely upon every thing that is there. All I have 
interest in, so long as they will acknowledge me, will obey you ; and 
I shall earnestly beg, that if there be any failings, (either from per- 
sons, or in providing what you shall think fit to call for, which that 



-i 6. His care of his brother's daughter. 535 

fortune can procure,) to advertise me thereof, and if it be not helped, 
(so my fortune can do it,) let me be as infamous as I am unfortunate. 
I will trouble you no longer, but pray the Lord to bless you with 
comfort and health. 

Dear niece, 

Campkeer, the toth Yoar real servant, 

of June, 1649. Hamilton. 

24 As for those princes whom he served, he had even as much 
justice from fame as his heart could wish, since none did ever 
fasten any ill characters on him in that particular, except that 
little which was done at Oxford. But he who of all living 
knew his brother best, acknowledged that in this he had the 
better of him only by fame, and that the longer he lived he 
discerned the more wisdom in his designs and honesty in all 
his counsels : but that w r hich made the difference was, that 
his temper was more forward, and he often spoke out those 
resentments which his brother either had not wdth so much 
passion, or choosed to bury in his breast. 

15 Nothing did so much support his spirit under the heavy 
pressure that lay over it, as the desire he had to preserve his 
life for his majesty's service, of which he was prodigal, when 
he saw it useless to his master, for his life had been of a great 
while burdensome to him : and indeed it was no wonder to see 
death so welcome to one w 7 ho had so little reason to desire to 
live, and so much ground to hope in death; for when the 
tossings and unjust unmerciful usage he met with in those 
years he survived his brother are well looked into, it is a 
wonder they forced him not unto the horridest resolutions 
imaginable, (I use his own w T ords,) and to pursue private and 
public injuries with a mortal resentment : yet his zeal for the 
king's service and the country's quiet overruled all other 
thoughts. From Scotland he went to Holland, where he was 
scarce landed when he heard the sad and dismal news of 
the king's murder, nor had he recovered of the extreme grief 42 2 
that raised in him when he heard likewise how his brother 
was murdered, which afflicted him beyond expression ; nor did 
any thing grieve him more than his laying down arms at 
Sterlin, for when he saw too late how they had been abused 
in it, he censured it more severely than any of his enemies 
could do. 

i 6 In Scotland, the parliament (if that meeting could ever de- 



536 Memoirs of William duke of Hamilton. VII. \6- 

serve that name, wherein there were scarce any of the 
nobility present) not only condemned the engagement for the 
king, but passed an act against all the engagers, ranking them 
in several classes, whence it got the name of an act of classes, 
whereby they were excluded from all offices, public trust, and 
vote in parliament : nor were they ever to be admitted to 
trust till they had satisfied the church by a public profession 
of their repentance for their accession to the unlawful engage- 
ment, as it was then called, and were by them recommended 
to the favour of the state ; and those that ruled were resolved 
to readmit none but such as would depend on them and ad- 
here to their interests. They were also particularly severe to 
the duke for breaking confinement, and leaving Scotland with- 
out their pass. The duke upon his arrival in Holland offered 
his service to his master, (our gracious sovereign who now 
reigns,) which he received and entertained with so much 
royal goodness, as if the affection and confidence of their 
masters had been the inheritance of these brothers ; and what 
the late king was to the elder, his majesty was to the younger, 
who continues to this day to honour his memory with the 
highest commendations. And indeed his royal favour was not 
misplaced on one that was either unsensible or ungrateful, 
for never subject served master with more honesty, zeal, and 
affection ; so that no consideration either of hope or fear 
wrought so much on him as the affection he bore his master : 
neither expressed he anxiety for any thing at his death, save 
for his majesty's person, fearing lest he might fall into their 
cruel hands whom he knew to be thirsting for his blood. 
17 He stayed in the Netherlands till his majesty came to 
Scotland; and though those that governed there were so 
much his enemies, that they would have the king stand to 
their act of classes, and made that one of the articles of their 
treaty at Breda : yet the duke seeing the desperate posture 
the king's affairs were in, and that no visible hope remained 
unless his majesty settled fully with Scotland, was not only 
satisfied to consent to that severe demand, but did earnestly 
press his majesty to agree with that kingdom, whatever might 
become of him. Many were for extremer methods, and pressed 
the duke to concur for making a forcible impression upon 
Scotland : but he well foresaw the mischief of that course, and 
how little could be promised from it ; for as no great concur- 



— 19. He was ill used by the preachers. 537 

rence could be expected in the condition things were then 
driven to, so all that could follow, even on a little success, 
was to expose the country to the rage of a prevailing army 
from England, against which Scotland entirely united would 
have had work enough, though it had not been weakened by 
a civil war ; and therefore he was against all divisions, which 
might also have tempted the prevailing party to join with the 
English army. 

1 8 The treaty with the Scottish commissioners was held at Breda, 
where things stuck long, their demands being very high, and 
uneasy to the king. The chief of the commissioners was the 
earl of Cassilis, who did truly love the king and kingly go-4 2 3 
vernment ; so that when the usurpation proved successful by 
the conquest of Scotland afterwards, though the usurper 
studied by the greatest offers he could make to gain him to 
his party, considering the high esteem he was in for his piety 
and virtue, he could never prevail so far as to make him ad- 
vance one step towards him, even in outward civilities : yet he 
was a most zealous covenanter, but of so severe a virtue, and 

so exactly strict to every thing in which he judged his honour 
or conscience concerned, that he would not abate an ace of 
his instructions, but stood his ground so that nothing could 
beat or draw him out of it. But he did it with so much fair- 
ness and candour, that the king, though troubled enough with 
the difficulties that bred him, yet was much taken with the 
openness of his proceeding with him, and conceived so high an 
opinion of his fidelity to him, that nothing could ever change 
or lessen it : so excellent a thing is ingenuity, that it begets 
an esteem wherever it is to be found, even when we are most 
displeased with the instances in which it appears. The next 
in the commission was the earl of Lothian, who though he 
was deeply engaged in friendship and interests with the mar- 
quis of Argyle, yet was of a noble temper, had great parts, 
and a high sense of honour. The other commissioners de- 
pended on them, and went easily along with them in what 
they agreed to. 

19 The commissioners, seeing the good offices the duke did, 
were willing he should return with his majesty to Scotland, 
anno 1650, and enjoy the common privileges of Scotchmen, 
only be secluded from all public trust, and from his vote in 



538 Memoirs of William duhe of Hamilton. VII. 19 — 

parliament. But the leading men in Scotland judged it ne- 
cessary for the peace of that kingdom that the duke might 
not return with his majesty, and sent orders for stopping his 
voyage. These orders came not to Holland before most of the 
commissioners were aboard, only the earls of Oassilis and 
Lothian were ashore when they got them : they were much 
troubled to get such severe commands, obliging them to break 
the treaty they had so lately signed. But since most of their 
fellow commissioners were gone, and they without them made 
not a quorum, they could do nothing, so that the duke was 
suffered to return to Scotland with the king. But at his ma- 
jesty's landing, one appointed by the parliament to put him 
from the king required him to withdraw : and when the king 
pressed the commissioners with the articles of their treaty, 
they said they could not oppose an order of parliament. The 
king was much offended with this, and was inclining to resent 
it, both as an unworthy usage and as a breach of treaty : but 
the duke told him, that at that time Argyle was the person 
who was most able to render him considerable service in 
Scotland ; therefore though he knew he designed nothing so 
much as his ruin, yet he advised his majesty to use all possible 
means to gain him absolutely to his party, and to neglect him- 
self as much as Argyle desired, and not at all to seem much 
concerned in him ; adding, that he knew when his majesty's 
affairs were in a better posture, he would not forget his faithful 
servants. (This particular his sacred majesty vouchsafed to 
tell the writer.) It was in vain for him to claim either the 
benefit of the treaty at Sterlin or Breda, interest and jealousy 
prevailing more with those who then ruled than any other 
tie ; so the duke was forced to retire to the isle of Arran, 
where he stayed till the end of January 1651 : nor could his 424 
petitions, with the intercessions of his friends, prevail for allow- 
ing him the liberty of coming to fight for his king and coun- 
try, so that he was forced to stay at Arran till the best half 
of Scotland was lost. 
20 But God, who had suffered the church party to prevail 
long, did blast their force and success at once ; for Cromwell, 
upon the parliament of Scotland's bringing home their king, 
entered it with his army. The church party, as they had no 
mind to invade England on the king's account, so were very 



-21. Dunbar fight. 539 

careful to declare that their arming against Cromwell was not 
on the king's account, which they excluded from the state of 
the quarrel by an act of their committee ; and declared that 
they stood only to their own defence against that hostile in- 
vasion, which was contrary to their covenant and treaties. 
They were also very careful to model their army so that nei- 
ther malignant nor engager that had been of the king's party 
should serve in it ; for though when his majesty came to their 
army at Leith the soldiers were much animated by his pre- 
sence, and with the coming of two thousand brave gentlemen 
with him to the army, yet the leaders of that party pretended, 
that since the malignants were in their army God would be 
provoked to give them up to the enemy, and therefore forced 
the king to leave the army. They also forced away all those 
gentlemen who came and offered their service. I shall not 
pursue this account further, but only add, that notwithstand- 
ing all their confidence of their army, and though they had 
the enemy at great disadvantages, so that he and all his 
officers gave themselves for gone ; yet they were with very 
little opposition broken and routed near Dunbar on the third 
of September 1650, and even those who two years before had 
insulted over the misfortunes of the engagement, were now 
themselves taught how ill an argument success was to evince 
the goodness of a cause. 
21 This procured a great change in the counsels of Scotland, 
for by that time the honester and better part of the clergy 
were by the murder of the king, and the other proceedings in 
England, filled with distaste and horror at them, and began 
to think how defective they had hitherto been in their duty to 
the king, and therefore resolved to adhere more faithfully to 
it in all time coming. Others of the church party did also see 
that as Cromwell was setting up a commonwealth in England, 
so they found many of the forwarder amongst themselves very 
much inclined to it in Scotland. This divided them from the 
other violent party, and made them join more cordially with 
the king, and be willing to receive his other faithful servants 
to oppose the common enemy ; therefore it was brought under 
debate, if the act of classes that excluded them from trust 
should not be rescinded, and all subjects allowed to enjoy 
their privileges, and suffered to resist the common enemy : 



540 Memoirs of William duke of Hamilton. VII. 21 — 

after long debate it was carried in the affirmative, yet none 
were to be received but upon particular applications and pro- 
fessions of repentance. The commission of the kirk being also 
asked their opinions, declared, that in such an exigency, when 
the enemy was master of all on the south of Forth and Clyde, 
all fensible persons might be raised for the defence of the coun- 
try. This was called the resolution of the commission of the 
general assembly, and was ratified by the subsequent ge- 
neral assembly. But against this many ministers protested, 
and from thence arose great heats and divisions among those 425 
of the kirkmen who owned the public resolutions, and those 
who protested against them, the one being called the public 
resolutioners , and the other protesters. And now all churches 
were full of pretended penitents ; for every one that offered his 
service to the king was received upon the public profession 
of his repentance for his former malignancy ; wherein all saw 
they were only doing it in compliance to the peremptory 
humour of that time. 
22 It was about the end of January that the duke was suffer- 
ed to come and wait on the king ; but at that time Oliddis- 
dale, with the other places where his interest lay, were in the 
enemy's hands, who had put garrisons in Hamilton, Douglas, 
Oarnwath, Boghall, and other houses of that country. Yet 
the duke got quickly about him a brave troop of about an 
hundred horse, made up of many noblemen and gentlemen, 
who rode in it, among whom were divers earls and lords; 
whose lands being also possessed by the enemy, they could do 
no more but hazard their own persons in his majesty's ser- 
vice ; the rest were his vassals and gentlemen of his name : 
and they were commanded under him by a gallant gentleman, 
sir Thomas Hamilton of Preston, whom he sent with eighteen 
horse to Cliddisdale, to try if the enemy could be catched at 
any disadvantage, and the people of the country raised for 
the king. The enemy kept so good guards, and was so strong 
at Hamilton, that he could not fall in there; therefore he 
went to Douglas, where he took about eighty horse that be- 
longed to the garrison, but could not surprise the house, for 
it was too strong to be taken without cannon. He likewise 
took all the horse that belonged to the garrison at Boghall, 
and killed twenty soldiers. This made the enemy keep closer 



-24. The dukes Utter to his niece. 541 

at Hamilton, upon which the duke resolved to raise ten troops 
of horse, and appointed sir Thomas Hamilton lieutenant- 
colonel ; but the enemy's garrisons gave great interruptions 
to his designs. 

23 At that time the enemy landed at Innerkeething in Fife, 
and the great loss the king had there did both raise the 
enemy's boldness, and much daunt his faithful friends : for 
now Cromwell was betwixt his majesty and the northern coun- 
ties of Scotland, which were both most affectionate to his 
service, and from whence he was to expect provisions and 
supplies ; so that it was not possible for the king to maintain 
the war any longer in Scotland, and therefore he resolved on 
a march to England, being put in hopes of great accessions of 
force to his army from the royal party there : and this gave a 
trial to the fidelity and courage of many of the Scottish na- 
tion : but too many looking on the attempt as desperate, being 
more careful of their lives and fortunes than to hazard either 
in the king's service, shrunk away, though divers of them had 
charges in the army. Against these base deserters of their 
king and country the duke was moved with such just indig- 
nation, that he vowed, if ever he returned with life and liberty, 
he should make these in whom he had interest answer for it. 

24 But the duke's thoughts of this march, and his sad appre- 
hensions of the whole business, will appear from the following 
letter he wrote to his niece that succeeded him : 

Dear Niece, a 26 

Indeed I know not what to say to you ; I would fain say something 
more encouraging than my last was ; but I cannot lie, our condition 
is no better, and since that time we have a thousand men (I fear 
twice that number) run from our army. Since the enemy shuns 
fighting with us, except upon advantage, we must either starve, dis- 
band, or go with a handful of men into England. This last seems 
to be the least ill, yet it appears very desperate to me, for more rea- 
sons than I will trouble you with : I fear your own reason will afford 
you too many. Dear niece, it is not your courage I will desire you 
to make use of in this extremity ; look for strength to bear it from a 
higher Power ; all your natural virtues will not resist it ; therefore 
look to Him who hath in former times assisted you to resist a great 
arHiction, and can do it again if you seek to Him aright : you have 
already lost so much, that all other earthly losses were drowned in 



542 Memoirs of William duke of Hamilton. VII. 24 — 

that. Those you meet with now are Christian exercises, wherewith 
ofttimes the Lord visits his own to wean their affections from things 
here below, that we may place them upon himself, in whom we have 
all things ; and if we could, as we ought, set our hearts upon Him, 
we should find ourselves very little concerned in most things which 
bring us greatest trouble here on earth, where we are but for a minute 
in our way to eternity. O consider that word eternity ; and you will 
find we struggle here for that that's even less than nothing. Why 
trouble we ourselves for earthly losses ? for when we have lost all 
we have, there are thousands as dear to God as we, as poor as we. 
We are rich though we lose the whole world, if we gain Him : let us 
set before our eyes the example of those who, to give testimony to 
the truth, rejoiced to lay down their lives ; nay, let us with humble 
presumption follow the pattern of our blessed Saviour, who for our 
sakes suffered more than man can think on, the burden of all our 
sins, and the wrath of his Father : and shall we then repine to lay 
down our lives for Him, when he calls for it from us, to give us a 
nearer admittance to Him than we can hope for while we are clogged 
with our clay tenements ? Dear niece, I should never be weary to 
talk with you, though this be a subject I confess I cannot speak of 
well ; but even that happiness is bereft me, by the importunity of a 
crowd of persons that are now in the room with me, grudging the 
time I take in telling you that while I am, 

Sierlin, 28th July, 1651. I am yours, &c. 

The duke waited on the king in the whole march, and gave 
order that the troops which he had levied should follow with 
all possible haste. Seven of them came up, and joined the 
army at Moffet, but the interruptions the enemy gave made 
that the rest could not be raised ; nor were these troops full. 
The duke welcomed them with great affection, and assured 
them they should be as dear to him as his own life, and that 
if God blessed the king with success, he should be very careful 
to see them rewarded as they should deserve : but seeing they 
made in all but betwixt two and three hundred, he feared too 
many standards would make them look like the remains of a 
broken army ; and therefore he set up only his own standard, 
and so turned his small regiment into a great troop, arid 
marched on with the army. 
2 6 When the army came to Warrington-bridge, and beat Lam- 427 
bert from it, the duke commanded the brigade (where his horse 



25 



-27. He commands a brigade at Warrington-bridge. (1651.) 543 

were) that was in the rear of the foot ; but that and the other 
brigade of horse being commanded to halt, he sent his major 
to the lieutenant-general for orders to march, that the enemy 
might be vigorously pursued : but the lieutenant-general would 
have the foot led over first, and so that occasion was lost, 
which he with many others did infinitely regrate with great 
demonstrations of grief. Then it was debated which way the 
king should hold : the duke pressed that they should march 
straight to London, which was the desire of the whole army, 
and that which Lambert apprehended, for in his retreat he 
took the London road. There were also many other reasons 
used to enforce it, but the English nobility and gentry who 
were in the army, and the earl of Derby, who with many gen- 
tlemen came to the army that night, gave many reasons against 
that march. The duke seeing them so much against it, though 
his reason could not go along with theirs, yet, that he might 
not oppose so many brave and loyal gentlemen, went out of 
the king's tent, for he would not by his presence seem to con- 
sent to that which he apprehended would prejudice the king's 
service : but was so far from disparaging the other counsels, 
and enhancing the value of his own, that he went and laboured 
with all the officers of the army, to engage them to a cheerful 
concurrence in the resolutions that were taken, and studied 
even to persuade them to assent to that which had not yet 
prevailed on his own reason. 
27 The resolution being taken to go to "Worcester and storm 
it, the army marched, and when they came near the town, 
some horse and dragoons, which were sent thither by Lambert 
two days before, retired to Gloucester ; and the king entered 
Worcester with two bodies of foot, the rest marched through 
the town over the Severn. The day after the king came to 
Worcester, the duke with many of the nobility and gentry 
went to the cross, and himself read the king's proclamation, 
and caused the major of the town to proclaim it ; but God 
having designed to set his majesty on the throne of his an- 
cestors by his own immediate hand, all hopes of supplies from 
Wales, or other well-affected places, vanished. Cromwell 
also followed the king from Scotland in great marches, having 
left general Monk (since the famous duke of Albemarle) there 
with an army to subdue the little strength that remained for 



544 Memoirs of William duke of Hamilton. VII. 27 — 

maintaining his majesty's interest in that kingdom. The day 
after Cromwell came before Worcester the king called a 
great council of war, to consider what was to be done, where 
the duke spoke first, and after he had in as short terms as 
was possible opened the state of affairs, he said one of three 
things must be done ; either they were to march out and 
fight, to lie still and provide for a siege, or to march to Lon- 
don, the other side of the Severn being then free. He pro- 
posed the difficulties of all these, yet said one of them was to 
be done, and desired that his majesty might put it to the 
debate which of them was fittest. None proposed a fourth 
expedient. But the duke did afterwards suggest, if the march- 
ing into Wales might be advisable ; but as they were in the 
debate, before the half of the council of war had delivered 
their opinions, there came an alarm to the door that dis- 
solved the meeting. This was four days before the fight ; the 
enemy grew daily stronger, and raised the whole country to 
his assistance ; and as the king's small army was utterly dis- 
proportioned to their strength, so the courage of the soldiers 428 
did daily abate ; and the duke, as he clearly foresaw the ruin 
of the king's affairs at that time, and the captivity of his 
country that would follow, so he desired not to outlive it, 
which he plainly told to some of his more intimate friends, 
though, for encouraging others, he put on a great appearance 
of cheerfulness on his looks : but apprehending that his end 
drew nigh, notwithstanding all the attendance he was obliged 
to at court and with the army, yet he set off large portions 
of his time for reviewing his life, and fitting himself for 
eternity; and when his employment all day denied him the 
conveniency of such long and serious retirements as that work 
required, he took it from his sleep in the night, being more 
solicitous for rest to his mind than to his body. And the 
night before the often fatal third of September, which was the 
day of Worcester fight, though he had stayed very late in the 
court, yet when he came to his lodgings the apprehensions 
he had of what was before him kept him awake and serious, 
as will appear from the following paper which he wrote, and 
was found in his pockets when they were searched after his 
death : 
28 When sadness for any worldly cross lies heavy upon thee, remem- 



■28. A meditation on death. (1651.) 54*5 

ber thou art a Christian, designed for the inheritance of Jesus ; or if 
thou be an obstinate impenitent sinner, as sure as God is just, thou 
must perish : if this be thy condition, I cannot blame thee to be sad, 
sad till thy heart-strings crack. But then why art thou troubled 
for the loss of friends, fortune, or for any worldly want ? what should 
a damned man do with any of these ? Did ever any man upon the 
rack afflict himself because his mistress slighted him, or call for the 
particulars of a purchase upon the gallows ? If thou dost really be- 
lieve thou shalt be damned, I do not say it will cure all other sad- 
ness, but certainly it will or ought to swallow it up. 

And if thou believest thou shalt be saved, consider how great is 
that joy, how infinite is that change, how unspeakable is the glory, 
how excellent is the recompense for all thy sufferings in the world ! 
So, let thy condition be what it will, compared to thy future possi- 
bility, thou canst not feel the present smart of a cross fortune to any 
great degree, either because thou hast a far bigger sorrow or a far 
bigger joy. Here thou art but a stranger, travelling to a country 
where the glories of a kingdom are prepared for thee ; it is there- 
fore a huge folly to be much afflicted, because thou hast a less con- 
venient inn to lodge in by the way. 

Let us prepare ourselves against changes, always expecting them, 
that we be not surprised when they come. death, how bitter art 
thou to a man that is at rest in his possessions ! To the rich man, 
who had promised himself ease and fulness for many years, it was a 
sad arrest that his soul was surprised the first night. But the 
apostles, who every day knocked at the gate of death, and looked 
upon it continually, went to their martyrdom in peace and evenness. 
Anytus and Miletus may kill me, but they cannot hurt me : We 
are troubled on every side, yet not distressed; perplexed, but not 
in despair; persecuted, but not forsaken; cast down, but not destroyed. 
And who is he that will harm you, if ye be followers of that which is 
good ? 

Consider that afflictions are ofttimes the occasions of great tem- 
poral advantages, and we must not look upon them as they sit heavy 
on us, but as they serve some of God's ends, and the purposes of 
universal providence : and when a prince fights justly, and yet un- 
prosperously, could he see the reasons for which God orders it, he 429 
would find it unreasonable, nay ill, to have it otherwise. If a man 
could have opened one of the pages of Divine counsel, and seen 
the event of Joseph's being sold to the merchants of Midian, he 
might with much reason have dried up the young man's tears. The 
case of Themistocles was not much unlike that of Joseph ; for, being 

Hamilton. n n 



546 Memoirs of William duke of Hamilton. VII. 28- 

banished, he likewise grew in favour with the Persian king, and told 
his wife, he had perished unless he had perished. God esteems it one 
of his glories to bring good out of evil, and therefore it were but 
reason we should leave God to govern his own world as he pleases, 
and that we should patiently wait till the change come, and likewise 
not envy the prosperity of the wicked : Rest in the Lord, and wait 
patiently for him; fret not thyself because of him who prospereth in his 
way, because of the man who brings wicked devices to pass ; for evil- 
doers shall be cut off, but those that wait upon the Lord shall inherit 
the earth. Theramenes, one of the thirty tyrants of Athens, escaped 
when his house fell upon him, but was shortly after put to death by 
his colleagues in the tyranny. 

The last great trial is death, for which should we grieve, of all 
griefs it is the most unreasonable : for why should we grieve at that 
which is absolutely unavoidable ? and it is not so much to be cared 
for how long we live, as how well we live ; for that life is not best 
which is longest. The shortening of our days is an evil wholly de- 
pending on opinion ; for if men did now naturally live but twenty 
years, then we should be satisfied if they died about sixteen or 
eighteen. We call not that death immature in any who live to 
seventy, and yet this age is as far short of the old period before 
and since the flood, as he who now dies of eighteen is of seventy. 
Let us still be ready for it, and it cannot come too soon ; for let us 
die young or old, still we have an immortal soul, and do lay down 
our bodies for a time, as that which was the instrument of our 
sorrow and trouble, and the scene of sickness and diseases : let 
us not then fear that which rids us of all these, for by fearing it 
we shall never the more avoid it, but make it the more miserable to 
us. Fanius, who killed himself for fear of death, died as certainly as 
Porcia who eat burning coals, or Cato who tore out his own bowels. 
To die is necessary and natural, and may be honourable ; but to die 
poorly, basely, and sinfully, that alone is that which can make a man 
miserable, for no man can be a slave but he that fears pain or fears 
to die : to such a man nothing but peaceable times can secure his 
quiet, for he depends upon things without him for his felicity, and so 
is well but during the pleasure of his enemy, a thief or a tyrant ; but 
blessed is he who willingly resigns his soul and body into God's 
hands, as unto the hands of a blessed Creator and Redeemer. 

O blessed Jesus, thou didst die for me ; grant that I may with joy 
submit unto thy summons when thou shalt call me to die, for thou 
art my Advocate as well as my Judge, and earnest into the world to 
save sinners, whereof, O Lord, I acknowledge, I am the greatest : 



— 3°- His regiment behaves gallantly at Worcester. (1651.) 547 

but thy mercies are infinite. O God of mercy and God of all com- 
fort, with much mercy look upon the sadness and sorrow of thy 
servant ; my sins lie heavy upon me, and press me sore, by reason 
of thy hot displeasure ; my miseries are without comfort, because 
they are the punishments of my sins : my sin hath caused my 
sorrow, and my sorrow doth not cure my sin, and unless thou for 
thy own sake, and merely because thou art good., pity me, I am as 
much without remedy as without comfort. Lord, pity me, let thy 
grace refresh my spirit, let thy comfort support me, thy mercies 
pardon me, and let not my portion be among helpless and accursed 43° 
spirits, for thou art good and gracious, and I throw myself upon thy 
mercy ; suffer me never to let my hold go, and do then with me 
what seems good in thy own eyes. I cannot suffer more than I 
have deserved, and yet I can need no relief so great as thy mercy 
is, for thou art infinitely more merciful than I can be miserable. 
Lord, make me the object of thy mercy, both in my life and in my 
death ; and if even this day thou shalt think fit to remove me from 
this valley of miseries, either by the violent hand of this merciless 
enemy, or any other way which in thy providence thou hast or- 
dained, when my soul shall go out from the prison of this body, 
may it be received by angels, and preserved from the horror and 
amazements and the surprise of evil spirits, and be laid up in the 
bosom of our Lord, till at the day of thy second coming it shall be 
reunited to the body, which is now to be laid in the dust, yet I 
hope shall be raised up in joy to live for ever, and behold the face 
of God in the glories of our Lord Jesus, who is our hope, our re- 
surrection, and our life, our blessed and ever glorious Redeemer ; 
to whom, with the Father and the Holy Spirit, be all honour and 
glory for ever and ever. Amen. 

29 In these exercises he continued till it was almost morning ; 
and then he threw himself down on the bed, where he did not 
lie above two hours when he was called on to make ready, 
and as soon as he was dressed and armed, he waited on the 
king into the field. 

30 The account of that engagement is not here to be offered, 
since nothing belongs to this work but that wherein the duke 
was concerned. His regiment was commanded to charge a 
body of horse and foot, that stood near two pieces of cannon 
not far from the Severn : but there were two great bodies of 
foot standing on each side of the lane, through which they 
were to go, and these firing on them as they passed, they 

Nll2 



548 Memoirs of William duke of Hamilton. VII. 30 — 

received great loss ; but having got through the lane, there 
was no coming to the enemy, who stood in a close ground, 
but through a gap in the hedge, through which the lieutenant- 
colonel with a very inconsiderable number charged, and the 
enemy gave ground, and left the cannon in their hands, 
the horse retiring to Hacker's regiment, who came up and 
charged, and was gallantly received by the lieutenant-colonel 
and the duke's regiment : but some foot, brought to line the 
hedges on their flanks, fired so on them that they were forced 
to retire. The duke being near the king's person, and ob- 
serving all that passed, inquired who they were, and being 
told it was his own regiment, he thought it unworthy of him 
to be too far from danger when they were so put to it, and 
galloped all alone from the king to the place where they were ; 
where he found them retiring, and did all he could either by 
words or threatenings to make them keep their ground. But 
the enemy did still bring up more foot, and fired uncessantly 
on them, and most of the officers were either wounded or 
had their horses killed under them; particularly the lieute- 
nant-colonel, who had all the while charged very gallantly, had 
his horse shot under him, and so they were beaten back. The 
duke himself kept in the rear, with such as were in a condi- 
tion to wait on him, to the great hazard of his person, and 
gave signal demonstrations of a high courage : but the enemy 
following him close in great bodies, he commanded some foot 
to make good the hedge against them, and rode up and down 
among them, and encouraged them to stand and die for the 
service of their king and the honour of their country ; and 43 I 
did several times charge down to the hedges, so that all were 
astonished at such daring and unusual valour. But the enemy 
pressing on, he rode again with his pistol in his hand to the 
hedge, where he received the fatal shot that quite disabled 
him. His majesty hearing of the extreme danger he exposed 
himself to in these charges, and knowing well how great a 
loss he would suffer if so brave a commander and such a wise 
and faithful counsellor were killed, sent once and again to call 
him away from that hazard he was in ; but he chose to prefer 
his majesty's service to these most obliging commands ; yet 
being disabled by the wound he got, he was forced to retire 
to the town. The total routing of the army quickly followed, 



— 32. He writes to his lady and to his nieces. (1651.) 549 

and by the taking of Worcester that night he fell into the 
enemy's hands. 

3 1 When he came to his lodging his wound was searched by 
the king's surgeon, Mr. Kincaid, who found that by a slug- 
shot the bone of his leg, a little below the joint, was crushed, 
and so broken that many splinters with the bullet were taken 
out at first dressing, and many more fragments were at seve- 
ral other dressings separated from the bone ; and the surgeon 
told him the only way to save his life was to lose his leg. 
But Trappam, Cromwell's surgeon, being sent by him to wait 
on the duke, assured him there was no hazard. Two days 
after the duke was wounded, the king's physician, sir Robert 
Cunningham, being found out among the prisoners, was 
brought to him, who found he had lost much blood by his 
wound, and therefore opened a vein in his arm, which diverted 
the course of the blood. Then the duke asked his opinion 
about himself, who told him plainly, there was no hope of 
saving his life but by cutting off his leg, and if that were done 
some hopes remained ; but Trappam having assured him there 
was no hazard, he was not willing to submit to so severe a 
sentence, till he were further satisfied of its being absolutely 
necessary : therefore he sent to London for Mr. Dickson, who 
was an expert surgeon, in whom he had great confidence, and 
he came to him with all possible haste ; but it was too late, 
for the duke's strength and spirits were so wasted that they 
durst not adventure on the operation. During these few 
days of the duke's life he expressed great composure of mind, 
and a cheerful willingness to welcome his approaching end, 
which drew on apace ; nor shewed he anxiety or concern in 
any thing but his majesty's preservation, for which as he 
prayed constantly, so he still inquired news concerning him, 
and blessed Grod that he heard none, judging from that that 
he was safe and had escaped. On the 8th of September, find- 
ing his strength failing him, and looking on himself as a dead 
man, he sent his last thoughts to his lady and nieces in the 
following letter written with his own hand : 

3 2 Dear Heart, 

You know I have been long labouring, though in great weakness, 
to be prepared against this expected change, and I thank my God I 
find comfort in it, in this my day of trial ; for my body is not more 



550 Memoirs of William duke of Hamilton. VII. 32 — 

weakened by my wounds, than I find my spirit comforted and sup- 
ported by the infinite mercies and great love of my blessed Redeemer, 
who will be with me to the end and in the end. 

I am not able to say much more to you; the Lord preserve you 43 ^ 
under your trials, and sanctify the use of them to the comfort of 
your soul. 

I will not so much as in a letter divide my dear nieces and you ; 
the Lord grant you may be constant comforts to one another in this 
life, and send you all eternal happiness with your Saviour in the life 
to come : to both of your cares I recommend my poor children; let 
your great work be to make them early acquainted with God, and 
their duties to Him ; and though they may suffer many wants here 
before their removal from hence, yet they will find an inexhaustible 
treasure in the love of Christ. May the comforts of the blessed 
Spirit be ever near you in all your straits and difficulties, and suffer 
not the least repining to enter into any of your hearts for his dispen- 
sations towards me, for his mercies have been infinitely above his 
justice in the whole pilgrimage of, 

Dear Heart, 

Worcester, Your own 

Sept. 8, 1 65 1. Hamilton. 

33 On the nth of September the duke ? s pulse failed quite, 
which he discerned first himself, and called for his physician, 
to whom he said he felt no pain nor sickness, but could not 
discern his pulse to move, and no more did his physician ; but 
imputing it to malignant vapours rising from his wound, he 
gave him some cordials, which made no change upon him : 
and then his spirits quitting all their natural operations re- 
tired to his brain, and his intellectual faculties, his memory, 
reason, and expression continued in their vigour for the space 
of twelve hours ; after that, his voice was likewise entire and 
strong. The total cessation of the arterial motion, together 
with a marmoreous coldness, that was creeping up by degrees 
from all his extremities, made his physician warn him that 
death was approaching. The duke answered, that from the 
beginning he apprehended his wound would prove mortal, but 
he could not think death was so near him, since he found 
neither sickness, pain, fainting, nor oppression trouble him. 
He had been during his sickness oft waited on both by the 
ministers of Worcester and the ministers who waited on the 



— 34- His d ea th an d last will. (1651.) 551 

king's army, whom he called for; and as they prayed and 
ministered divine consolations to him, so they were much 
comforted and edified with the Christian courage and joy he 
expressed in these his last and closest conflicts. From six in 
the morning on the 1 2th of September he lay quiet, speaking 
little, but was observed all the while by those who looked 
often to see what he was doing, that he was well employed in 
mental prayer and devout ejaculations. About nine o'clock 
being asked by his physician how he was, he answered, his 
heart was free of sickness ; but added, that he should tell 
his relations in Scotland, that he died believing, that through 
the merits of the Mediator the Lord Jesus Christ, the Lord 
his Righteousness, and through the infinite mercies of his 
God, it should fare with him as with the idle labourers, in 
the parable of the vineyard, who went in at the eleventh 
hour and yet received the penny ; so he believed, that though 
in the last hour of the day he had entered into his Master's 
service, yet he should receive his penny. From that time 
he lay quiet, and about twelve o'clock, after three groans, 
without any other struggling or passion of death, he breathed 
out his soul, and his body was interred in the cathedral 
church of Worcester : for though, according to his orders for 433 
burying him with his ancestors at Hamilton, his servants did 
move earnestly that they might have leave to carry his body 
to Scotland, yet it was flatly denied. 
34 When the news of his death was carried to Scotland, his 
will was opened, which follows : 

In the name op God, Amen. 
I William duke of Hamilton, &c., being, I thank God, in perfect 
health, yet considering the uncertainty thereof, and the many dan- 
gers that all men are subject to, and few more than myself, am de- 
sirous to leave my worldly affairs at the time of my death in the 
best order I can, as it shall please the Lord to direct me, to whose 
providence and dispensation I humbly and wholly submit myself, 
falling down before the throne of his mercy, who is both the just in- 
flicter of death upon us, and the merciful saviour of us in it and 
from it, who is the fountain of eternal life, and in whom there is no 
shadow of death. Thou, O my Saviour, who knows what it is to die 
with me as a man, make me to know what it is to pass through 
death to life with thee, my God : make me content to leave the 



55% Memoirs of William duke of Hamilton. VII. 34 — 

world's nothing, that I may come really to enjoy all in thee, who hast 
made Christ to me in life again, and (trusting only in his merits and 
mediation) will in death be advantage. Charge me not, O Lord, 
with the sins of my parents, nor with the multitude and heinousness 
of my transgressions, which I acknowledge before thee. Remember 
thy compassions of old, and thy lovingkindness, which have been 
for many generations. Be merciful unto me, O Lord, for my soul 
trusteth in thee ; though thou shouldest kill me, yet will I trust in 
thy mercy and my Saviour's merits, for I know that my Redeemer 
liveth : though thou leadest me through the valley and shadow of 
death, yet shall I fear none evil, falling into the arms of thy tender 
and eternal mercies. O withdraw not thy favour from me, which is 
better than life ; be not far from me, for I know not how near death 
is to me. Lord, let thy servant depart in peace, for mine eyes have 
seen thy salvation. 

My body I bequeath to the grave, and desire to have it buried in 
the ordinary burialplace of my ancestors at Hamilton, and that no 
ceremony nor pomp at all be used at the interring of my sinful 
carcass, which hath so much offended and dishonoured God ; yet 
through faith I hope it shall be sprinkled with the precious blood of 
Jesus Christ, and being reunited with my soul, shall together rise in 
glory, reconciled with the Father, to enjoy eternal happiness with him 
in heaven. 
35 After this follow the particulars of the will, which he con- 
cludes in the following words : 

And now, O Lord, pity me in my low condition, and bring me 
out of my troubles ; though the number of my enemies be great, yet 
thou canst disappoint their counsels ; keep them, Lord, from pre- 
vailing, and turn them back that persecute my soul. If it be thy 
will, O Lord, restore me to my country, that there in peace I may 
finish the course of my pilgrimage in thy fear, and live loyal and 
obedient to my gracious king Charles the Second, and faithful and 
dutiful to my country : and as I trust that through the merits and 
mediation of Jesus Christ, thou hast forgiven all the errors of my 434 
life, so I beg and hope thou wilt save me from the terrors of death. 
Let not, O Lord, at that last hour my soul be desolate and forsaken ; 
let not those saving truths I have formerly learned then fail my 
memory, nor the sweet effusions of thy Spirit, which I have sometimes 
felt, then be wanting to my heart ; be with me at that time, O Lord, 
in a special manner, and send the blessed Comforter to assure me of 
salvation, that I may die with joy, and leave this world with con- 
tentment, since I shall be confident of the remission of my sins 



— $6. A letter to his lady, sealed up with his ivill. (7651.) 553 

through Christ Jesus, and of my going to that place of eternal hap- 
piness which thou hast prepared for all them that fear thee in Christ ; 
to which place bring me for his sake, to whom, with Thee and the 
blessed Spirit of grace, be all honour, praise, and glory, for ever and 
ever, Amen. Written by myself at the Hague in Holland, the 21st 
of March, 1650. 

Hamilton. 

36 To which shall be added a letter that was sealed up with 
his will to his lady : 
Dear Heart, 

Although a very short stay in this place may possibly endanger 
my life, yet seeing these may chance to be the last words you are 
ever to receive from me, no hazard shall keep me from letting you 
know how sensible I am of the great love and kindness you have 
always had for me, for which the Lord reward you, unto whose pro- 
tection I leave you : and as I do recommend you to God, who will 
be near unto all that call upon him, and fulfil the desires of them 
that fear him, and preserve all them that love him ; so I do recom- 
mend you unto yourself, that you would labour to serve, fear, and 
love the Lord God, and set Him before your eyes in all your ways. 
Continue (as I have often been a witness to) your daily practice in 
reading the word of God, which will be a lamp unto your feet, and 
light unto your paths. Look not with prejudice upon any of the 
messengers of his word, but reverence them for their message sake : 
be not too confident of your own opinions, but examine them by the 
touchstone of God's word, and refuse not to hear the admonition of 
his servants. Repine not at God's ways or dispensations to you, 
but be patient in affliction, that you may say with David, I held my 
tongue, I opened not my mouth, because thou didst it. For you may 
have this comfort, that whom God loves he chastens ; and really, if 
God had not said it, man would hardly believe that affliction cometh 
from his love. But if we admit his truth, and consider experience, 
we shall find that he often afflicteth them most whom he loveth most 
and who most love him. As for those whose eyes stand out with 
fatness, and have more than their hearts can wish, he setteth them 
on slippery places, and feeds them as oxen to the slaughter. He is 
nearer to us in affliction than in prosperity, and we are nearer unto 
Him : it is his menage to bring us home from our wanderings, at 
least I have looked upon it so as to myself, which makes me thus 
desire you may so receive his visitations. Be frequent in prayer, and 
limit not the Spirit in you to the conceptions of other men : shun all 
vain and idle company and conversation, and pray to the Lord to set 

Hamilton. o o 



554< Memoirs of William duke of Hamilton. VII. 36 — 

a watch before your mouth, and to keep the door of your lips. 
Forget and hate the empty pleasures of a licentious court, or of 
London, and with David pray, Turn away my eyes from beholding 435 
vanity, and quicken thou me in thy way. Be not hasty nor passionate, 
keep not anger in your heart against any, have charity for all men, 
even for them whom you may look upon as your enemies, and study 
still rather to put the best than worst construction upon the actions 
of any. Examine yourself every night what good you have done the 
preceding day, and remember still that you are one day nearer that 
in which you must give an account to God of all your actions, on 
whose mercy to you let your earliest and latest thoughts be always 
fixed. Sweet heart, much more I would say, but you know I am 
pressed by time ; but seek to God, and in Him you will find all 
things. 

The next duty I shall recommend to you is that which you must 
pay your king : I know you need no incitements to this duty, else I 
would insist longer upon it ; but I conceive it mine to recommend it 
to you as the earthly thing which in the first place you ought to 
study. 

Next unto that, prefer your duty to the preservation of the house 
of Hamilton to all things else in this world, and make no difference 
in the testimonies of your kindness to it, whether the Lord shall 
think fit to continue the memory of that house in your own or my 
dear brother's issue. And I do conjure you, if you have any respect 
to my desires, not to suffer any difference or mistakes to arise betwixt 
you and them ; but remember him who preferred me to them, and 
what consequently my duty and yours is to his. 

Next, I recommend to you the care of the education of our chil- 
dren : for the Lord's sake study to get them acquainted with God in 
their young years, and to imprint His fear in their tender hearts ; 
keep all light and idle company from them, and labour to make them 
rich in piety and virtue, loyal to their king, and dutiful to the house 
of Hamilton. 

As I hope all my friends and kindred will be dutiful to you, so I 
entreat you, for my sake, continue your respects and kindness to 
them. 

Be careful to keep none but pious and discreet servants in your 
family, that the Lord being served and worshipped in it according to 
his will, may delight to dwell in it, and to bless every member of it. 

And now, sweet heart, seeing you know that these divers years my 
life hath been a burden to me, receive my removal as a mercy from 
God, with that moderation which he commandeth and the hope of 



— 37- The conclusion. (1651.) 555 

a joyful meeting in our resurrection persuadeth; being confident 
that the Lord hath placed me in eternal happiness with himself in 
heaven, where he hath already laid up some pieces of myself, little 
James and Diana. The Lord, who hath wounded you, bind up your 
sores, and pour the balm of Gilead in your heart, even the comforts 
of the Holy Spirit, in the assurance of the remission of your sins, 
and peace with him in Jesus Christ, that his grace in you may shine 
to the world in a godly and virtuous life, which having finished in 
his fear, you may hereafter enter with Him into that glory, which I 
trust in the mercies and mediation of Jesus Christ my Redeemer I 
shall be sharing of, when you shall be reading these last words and 
expressions from, dear heart, 

Your 

Hamilton. 

The dispositions which you made to me of your lands in England 43^ 
I do here again return to you, to be disposed upon by you as you 
shall think fit, being confident that you will not wrong the house of 
Hamilton or your children in the disposal thereof. 

37 I shall conclude this work with these papers, which, though 
some nice palates may think not so fit for the public, and better 
for private closets than the world, yet I could not be of that 
opinion ; for in an age in which the sense of piety and religion 
is so much decayed, I thought such testimonies to the power 
of it were not to be suppressed ; by which it will appear, that 
a high-spirited and great person, who had tasted of all the 
follies that bewitch the greatest part of men, did in end, in 
the vigour of his years and spirits, abandon them with all the 
seriousness of a hearty and lively repentance, and found in 
God and true religion such solid satisfaction and joy as did 
wholly overcome him, and engage him into a course of strict 
piety and of a holy life. I wish this may work some effect upon 
a loose and debauched generation ; and if the world becomes 
either better or wiser through my pains, I have gained my 
chief end and design in this work. 



THE END. 

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